Missouri Appeal Reports Volume 207

Missouri Appeal Reports Volume 207

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This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1922 edition. Excerpt: ...it comments on matters not in issue. Eames v. N. Y. L. Ins. Co., 134 Mo. App. 331; Sinnamon v. Moore, 161 Mo. App. 168; Hufit v. Frisco, 222 Mo. 286; Briscoe v. Laughlin, 161 Mo. App. 76; Shannon v. Abell, 169 Mo. App. 598. (c) Because it shifted the burden to the defendant, was unintelligible and likely to mislead the jury. Cole v. Waters, 164 Mo. App." 567; Gourley v. Amer. Hardwood Lbr. Co., 185 Mo. App. 360, Ramey v. Lewis, 182 Mo. App. 58; Knapp v. Hanley, 15-3 Mo. App. 169. COX, P. J.---Action to recover balance alleged to be due for wheat sold and delivered. Verdict for plaintiff for $463. Motion for new trial and sustained and plaintiff has appealed. The petition is in the usual form for goods sold and delivered and alleges that plaintiff sold defendant 1416 bushels of wheat of the value of $1.98 per bushel, making a total of $2803.63 and gives credit for payments which leaves a balance due of $495.66. The answer is a general denial; plea of payment for all wheat received by it and the further defense that an account stated had been rendered to plaintiff and retained by him without objection and payment had been made by defendant and accepted by plaintiff in accordance with the account stated and hence the claim of plaintiff was settled and satisfied. The evidence discloses that there was no specific contract for the sale and purchase of the wheat before its delivery. The defendant was operating a mill and elevator at Aurora and bought wheat from all who brought it there to sell. The plaintiff owned a farm near Aurora and harvested and threshed the wheat from about 100 acres of land and as he threshed it, he had it hauled in a truck and delivered to defendant. The threshing and hauling covered a period of seven days and 27...show more

Product details

  • Paperback | 272 pages
  • 189 x 246 x 14mm | 490g
  • Rarebooksclub.com
  • United States
  • English
  • black & white illustrations
  • 1236806425
  • 9781236806420