Roaring Fork Potato Growers' Ass'n v. C. C. Clemens Produce Co.
Missouri Court of Appeals
Appeal from Jackson Circuit Court. — Hon. Jos. A. Guthrie, Judge. (1) Plaintiff sold the potatoes in question to defendant. It was a completed sale — an executed contract .and not an executory contract or promise or agreement to sell. The title vested in defendant and defendant became the owner of said potatoes, and liable to plaintiff for the contract price thereof. Longsdorf v. Meyers, 157 S. W. 85 ; Dehner v. Miller, 166 Mo. App. 504; Eister v. Harnden, 153 Mo.
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Appeal from Jackson Circuit Court. — Hon. Jos. A. Guthrie, Judge. (1) Plaintiff sold the potatoes in question to defendant. It was a completed sale — an executed contract .and not an executory contract or promise or agreement to sell. The title vested in defendant and defendant became the owner of said potatoes, and liable to plaintiff for the contract price thereof. Longsdorf v. Meyers, 157 S. W. 85 ; Dehner v. Miller, 166 Mo. App. 504; Eister v. Harnden, 153 Mo. App. 385; Glass v. Blazer Bros., 91 Mo. 567; Bass v. Walsh, 39 Mo. 197; Williams v. Evans ’ Admr., 39 Mo. 201; Wheles v. Grocery…
1Opinion of the CourtJohnson, J.
This is an action for the purchase price of six carloads of potatoes. It was tried in the circuit court, without a jury, on an agreed statement of facts and the judgment wras for defendant.
*4Plaintiff, a dealer in potatoes in Carbondale, Colorado, on September 9, 1910, “sold to defendant a produce dealer in Kansas City twenty-five cars of potatoes for the price of $1.05 per 100 pounds,” under an agreement that as shipments were made they were to be billed to plaintiff’s order with directions to notify defendant, and that upon payment of sight drafts drawn for the purchase price with bills of…
2Cases cited8 opinions
- W. R. Danforth & Co. v. WalkerSupreme Court of Vermont · 1864
- Dobbins v. EdmondsMissouri Court of Appeals · 1885
- St. Louis Range Co. v. Kline-Drummond Mercantile Co.Missouri Court of Appeals · 1906
- Koenig v. Truscott Boat Manufacturing Co.Missouri Court of Appeals · 1911
- Frederick v. WilloughbyMissouri Court of Appeals · 1909
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3Cited by2 opinions
- Roaring Fork Potato Growers v. C. C. Clemons Produce Co.Missouri Court of Appeals · 1916
- G. H. Deaton & Co. v. Tarkio Molasses Feed Co.Missouri Court of Appeals · 1925