Baer v. Glaser
Missouri Court of Appeals
Appeal from St. Louis City Circuit Court. — Hon. Selden. P. Spencer, Judge. STATEMENT OE THE CASE. Plaintiffs and' their predecessors, Baer, "Seasongood & Company, to whose rights and liabilities in regard to the transactions which are the subject-matter of this action plaintiffs succeeded, bought spool silk thread in large quantities from defendants for many years, and this action is to recover damages for alleged deficiencies in the weights of thread.
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Appeal from St. Louis City Circuit Court. — Hon. Selden. P. Spencer, Judge. STATEMENT OE THE CASE. Plaintiffs and' their predecessors, Baer, "Seasongood & Company, to whose rights and liabilities in regard to the transactions which are the subject-matter of this action plaintiffs succeeded, bought spool silk thread in large quantities from defendants for many years, and this action is to recover damages for alleged deficiencies in the weights of thread. The petition is in four counts. The first, for overpayment on account of underweights in the thread sold and delivered between September,…
1Opinion of the CourtGoode, J.
We think this case is controlled by precedents in this State directly in point. A usage of trade general, uniform, certain and reasonable, is always recognized and enforced by the courts. Before it is binding on a party, however, it must either be so widespread that knowledge will be imputed to him, or he must be shown to have had actual knowledge of it. In this ease, plaintiffs must be charged with both actual and constructive knowledge, as the findings below were that way.
We see nothing immoral in the custom in question of selling and delivering ten ounces of thread to the pound, in view of…
2Cases cited4 opinions
- Soutier v. KellermanSupreme Court of Missouri · 1853
- Evans v. Western Brass Manufacturing Co.Supreme Court of Missouri · 1893
- Cole v. SkrainkaMissouri Court of Appeals · 1889
- Price v. VanstoneMissouri Court of Appeals · 1890
3Cited by5 opinions
- Jones v. West Side Buick Co.Missouri Court of Appeals · 1936
- Jacobs v. DancigerSupreme Court of Missouri · 1931
- Miles v. Vermont Fruit Co.Supreme Court of Vermont · 1924
- Miller v. WigginsSupreme Court of Pennsylvania · 1910
- Gile v. TsutakawaWashington Supreme Court · 1920