Armstrong, Gilbert & Co. v. Johnson Tobacco Co.
Missouri Court of Appeals
Appeal from the Livingston Circuit Court. •— Hon. J. M. Davis, Judge. (1) Evidence as to quality of shipment of two hundred pounds was inadmissible. This shipment was paid for, and used, by defendant. The contract was in writing, and contains no warranty, and the goods were the very goods ordered by defendant. "Wallace v. Blake, 2 New York Sup. 403; Iron Co. 'v. Pope, 15 N. E. Rep. 335; Bottle Co. v. Gunther, 31 Fed. Rep. 208; Glassworks Co. v. Coal Co., 5 Atl.
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Appeal from the Livingston Circuit Court. •— Hon. J. M. Davis, Judge. (1) Evidence as to quality of shipment of two hundred pounds was inadmissible. This shipment was paid for, and used, by defendant. The contract was in writing, and contains no warranty, and the goods were the very goods ordered by defendant. "Wallace v. Blake, 2 New York Sup. 403; Iron Co. 'v. Pope, 15 N. E. Rep. 335; Bottle Co. v. Gunther, 31 Fed. Rep. 208; Glassworks Co. v. Coal Co., 5 Atl. Rep. 253. (2) Instructions 1, 2 and 4, on behalf of plaintiffs, should have been given. A certain article was ordered for no…
1Opinion of the CourtSmith, P. J.
Plaintiffs, who were dealers in cork and brewers’ supplies, brought suit against defendant, a business corporation engaged in the manufacture of tobacco, before a justice of the peace, to recover one hundred and five dollars for three hundred pounds of number 3 tin foil twelve by twelve, at thirty-five cents, sold and delivered defendant by plaintiffs. The case was appealed to the circuit court of Livingston county, where there was a trial, and the facts disclosed by the evidence in the record before us seem to be that defendant ordered its . commission merchant, White, to purchase . some tin…
2Cases cited1 opinion
- Brown v. WeldonSupreme Court of Missouri · 1889
3Cited by8 opinions
- St. Louis Brewing Ass'n v. McEnroeMissouri Court of Appeals · 1899
- Laumeier v. DolphMissouri Court of Appeals · 1910
- Skinner v. Kerwin Ornamental Glass Co.Missouri Court of Appeals · 1903
- Creasy v. GrayMissouri Court of Appeals · 1901
- Miles v. WithersMissouri Court of Appeals · 1898
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