Legal Opinion

Gratiot Street Warehouse Co. v. Wilkinson

Missouri Court of Appeals

Decided May 13, 1902PublishedCited by 7 opinions

Appeal from St. Louis City Circuit Court. — Hon. Jacob Klein, Judge. STATEMENT OR THE CASE. This suit was commenced before a justice of the peace in the city of St. Louis on the following petition, omitting caption: “Plaintiff for cause of action states that on two contracts for 6,000 bushels of corn, it sold to defendants and defendants bought from plaintiff upon the terms and conditions hereinafter stated, 105,625 pounds or 1,886 8-50 bushels of corn at 38e per bushel…

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Appeal from St. Louis City Circuit Court. — Hon. Jacob Klein, Judge. STATEMENT OR THE CASE. This suit was commenced before a justice of the peace in the city of St. Louis on the following petition, omitting caption: “Plaintiff for cause of action states that on two contracts for 6,000 bushels of corn, it sold to defendants and defendants bought from plaintiff upon the terms and conditions hereinafter stated, 105,625 pounds or 1,886 8-50 bushels of corn at 38e per bushel aggregating the sum of $716.40, of which 35,207 pounds or 628 32-56 bushels were shipped upon the seventh day of May, 1897,…

1Opinion of the CourtGoode, J.

Appellants’ main contention in this case is, that there was no contract between the parties for the sale of the corn which is the subject-matter of this controversy- — no meeting of their minds in regard to the terms on which it was to be sold. In support of this position appellants say they ordered sound and dry com, understanding that it was to be delivered to them in that condition at Jackson, Mississippi, regardless of the certificate of an inspector as to the condition it was in when inspected at St. Louis. That this is the position of the appellants appears from a letter addressed by…

2Cited by7 opinions

  1. Massman Construction Co. v. Lake Lotawana Ass'nMissouri Court of Appeals · 1948
  2. Bartlett & Company, Grain v. The Merchants Company, the Merchants Company v. Bartlett& Company, GrainCourt of Appeals for the Fifth Circuit · 1963
  3. Dickson v. DarnellWashington Supreme Court · 1917
  4. Citizens' Independent Mill & Elevator Co. v. PerkinsSupreme Court of Oklahoma · 1915
  5. Klock Produce Co. v. RobertsonWashington Supreme Court · 1916

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