135 Mo. App. 483 | Mo. Ct. App. | 1909
On October 17, 1906, respondent gave appellant, through its agent, C. W. Gray, an order for a twelve-roll Milwaukee Husker and Shredder. The order was in a writing signed by respondent and was of the following tenor, omitting certain unimportant words with blanks between them intended to be filled with the designations of other machines, if others were ordered and with the postoffice addresses of buyers if more than one gave the order:
“Machine Order.
“The original of this order to be forwarded to Weber Implement Co., St. Louis, Mo., and is taken subject to its approval.
10-17-1906.
Original.
“State whether original or duplicate.
“Weber Implement Company, St. Louis, Mo. Please furnish and ship the undersigned on account of Weber Implement Company, St. Louis, Mo., in the care of C. W. Gray, Agent at Moberly, Mo., by the route you think best and cheapest, on or about., if practicable, to Lewiston, Mo., at once, the following machinery: 12-roll Milwaukee Husker and Shredder complete, St. Louis or factory, if the factory freight does not exceed more than St. Louis.
“In consideration whereof, the undersigned agrees to receive the same on its arrival, pay in cash the freight*485 and charges thereon from St. Louis, and also agrees to load on cars immediately on receipt of goods purchased, and second-hand machinery which may be taken on trade, complete with all fixtures, tools, trimmings and parts, and failing to do this, agrees to pay Weber Implement Company, St. Louis, Mo., the full list price of said machinery or parts on or before November 1,190 — , and also agrees to pay at the time and place of delivery or at St. Louis, Mo., a.t the option of the said Weber Implement Company, the sum of two hundred . . . dollars, as follows, and one 28x48 Avery Separator, No. 1272, complete with feeder, weigher and windstacker and Eumley Double Saw Mill, with 52-9x9 Eng. 30x 9x10. One log wagon complete, one shingle machine with two saws, two small belts all complete, 1 counter-shaft 9"x50" Eoube. Note for f 100, due January 1, 1907.
“Note for $100, due January 1, 1908, without interest if paid January 1, 1907. Said note to be made payable to the Weber Implement Company and draw interest at six per cent per annum, with approved security as below, and having on the back of each the property statements as shown on this order. As a condition hereof, it is fully understood and agreed that said machinery is purchased as second-hand, and accepted by said purchaser as such, with no warranty expressed or implied except as noted above. Purchaser should see that he has a copy of this order for his own use and reference. And I further agree at the time and place of delivery, to give in security of said notes a first mortgage on the above named machinery and on the other property. . . .
“This order is taken and recommended for acceptance by Chas. W. Gray. ...
“Accepted by Weber Implement Company, St. Louis, Mo., .•., 190..
By .
Approved by the Aultman Company, Canton, Ohio.
By .,. 190.. ”
The judgment is reversed.