Denton v. McInnis
Missouri Court of Appeals
Appeal from the St. Louis City Circuit Court. — Hon. ' Pembrook R. Flitcraft Judge. (1) The court below erred in holding as matters of law that the order of May 11 was not to be shipped as promptly as proper cars could be obtained; that appellants did not have the rest of the month to fill the order of May 14, and that they were bound to ship both lots of corn immediately, regardless of the course- of dealing and the correspondence between them and the respondent.
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Appeal from the St. Louis City Circuit Court. — Hon. ' Pembrook R. Flitcraft Judge. (1) The court below erred in holding as matters of law that the order of May 11 was not to be shipped as promptly as proper cars could be obtained; that appellants did not have the rest of the month to fill the order of May 14, and that they were bound to ship both lots of corn immediately, regardless of the course- of dealing and the correspondence between them and the respondent. (2) There was nothing inconsistent in the letter .of appellants with what had gone before in the telegrams. And, obviously, this…
1Opinion of the CourtBland, P. J.
— This suit is for damages for breach of two alleged contracts for the sale of com. The plaintiffs did business in Leavenworth, Kansas, the def endant in Meridian, Mississippi; they had done business with each other for several years prior to 1898, when the transactions were had out out of which this suit arose. It is claimed that there were two contracts, both of which it is alleged the defendant broke, one dated May 11, the other May 14, 1898. The one of May 11 is evidenced by the following telegrams, to-wit:
“Meridian, Miss., May 10, 1898.
Denton Bros., Leavenworth, Kan.:
“Wire early…
2Cases cited8 opinions
- Norrington v. WrightSupreme Court of the United States · 1885
- Cleveland Rolling Mill v. RhodesSupreme Court of the United States · 1887
- Filley v. PopeSupreme Court of the United States · 1885
- Egger v. NesbittSupreme Court of Missouri · 1894
- Eads v. City of CarondeletSupreme Court of Missouri · 1867
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