Martin v. Ashland Mill Co.
Missouri Court of Appeals
Appeal from the Boone Circuit Court. — Hon. John A. Hoceaday, Judge. (1) The transaction constituted a sale, and was not a bailment. Coleman v. Lipscomb, 18 Mo. App.’ 443, and authorities there cited; 2 Parsons on Contracts [7 Ed.] p. 133, note 5. (2) In order to do away with the well-established rule, which makes this transaction a sale and renders the defendant liable, the trial court holds that the defendant must show two things: First.
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Appeal from the Boone Circuit Court. — Hon. John A. Hoceaday, Judge. (1) The transaction constituted a sale, and was not a bailment. Coleman v. Lipscomb, 18 Mo. App.’ 443, and authorities there cited; 2 Parsons on Contracts [7 Ed.] p. 133, note 5. (2) In order to do away with the well-established rule, which makes this transaction a sale and renders the defendant liable, the trial court holds that the defendant must show two things: First. That at the time of the delivery of the wheat there was a general and uniform custom that wheat so delivered as aforesaid, and under like agreements, was…
1Opinion of the CourtSmith, P. J.
This was an action commenced' before a justice of the peace. The cause of action set forth in the first count of the plaintiff’s statement is, that he sold and delivered to defendant corporation, a milling company, thirty-eight bushels of wheat for which defendant agreed to pay plaintiff in flour at the-rate of twenty-nine pounds per bushel, on demand, and which defendant had refused to pay and deliver although often requested to do so. There was a second count in a similar cause of action, which was alleged to have been assigned to plaintiff.
It appears from the evidence that the defendant…
2Cases cited13 opinions
- Gunter v. LeckeySupreme Court of Alabama · 1857
- Ober v. Carson'sSupreme Court of Missouri · 1876
- Lyon v. LenonIndiana Supreme Court · 1886
- Redfield v. . TeggNew York Court of Appeals · 1868
- Walsh v. Mississippi Valley Transportation Co.Supreme Court of Missouri · 1873
8 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- Jones v. West Side Buick Co.Missouri Court of Appeals · 1936
- Peycke Bros. v. AhrensMissouri Court of Appeals · 1903
- Potter v. Mt. Vernon Roller Mill Co.Missouri Court of Appeals · 1903
- Freund Motor Co. v. Alma Realty & Investment Co.Missouri Court of Appeals · 1940
- Diehr v. Thompson Chemicals Corp.Missouri Court of Appeals · 1955
6 more not listed; retrieve them via the Exa API.