Harvey v. St. Louis Butchers' Joint Stock & Benevolent Ass'n
Supreme Court of Missouri
Appeal from St. Louis Circuit Court. For plaintiff the court gave the following instructions: 1. If the jury believe from the evidence that 97 head of cattle were verbally purchased by an agent of defendant at a price agreed on ; that the cattle were examined by said agent personally and accepted at the time of said purchase, or at any other time prior to their delivery, and were directed by said agent (if he did not sooner call for them) to be driven to Dresden and placed…
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Appeal from St. Louis Circuit Court. For plaintiff the court gave the following instructions: 1. If the jury believe from the evidence that 97 head of cattle were verbally purchased by an agent of defendant at a price agreed on ; that the cattle were examined by said agent personally and accepted at the time of said purchase, or at any other time prior to their delivery, and were directed by said agent (if he did not sooner call for them) to be driven to Dresden and placed in the cattle pens at said depot, and they were so driven and delivered at the time and place specified in the said…
1Opinion of the CourtHolmes, Judge
The plaintiff sues for the price of a herd of cattle, sold and delivered to the defendants. It appears that the defendants’agent went to the farm of" plaintiff in'Pettis county, examined the cattle and bargained for the whole herd. The *217price and number of the cattle were agreed upon, and they were to be driven by the plaintiff to Dresden, a station on the Pacific railroad and delivered into the cattle pens at that place, on or before the last day of September, unless the defendant came for them before that time, and they were driven by the plaintiff’s agent to Dresden, and put into the stock…
2Cases cited2 opinions
- Cunningham v. AshbrookSupreme Court of Missouri · 1855
- Smith v. AshbySupreme Court of Missouri · 1855
3Cited by5 opinions
- Delventhal v. JonesSupreme Court of Missouri · 1873
- Lesan Advertising Co. v. CastlemanMissouri Court of Appeals · 1912
- Sotham v. WeberMissouri Court of Appeals · 1906
- Hoffman v. Wisconsin Lumber Co.Missouri Court of Appeals · 1921
- Vincent v. ViethsMissouri Court of Appeals · 1894