129 Mo. App. 132 | Mo. Ct. App. | 1908
On April 28th and May 9th, 1905, the plaintiff sold defendant two deliveries of canned salmon; about six or seven hundred cases in all. The contracts of sale were in writing, but we need not copy them. They were negotiated by P. J. Carroll, a traveling salesman for the Meinrath Brokerage Company of Kansas City. This company dealt in grocers’ goods, and the defendant, which is a wholesale grocery concern in the city of Springfield, was one of its customers. The sale was
The rulings on the requested declarations of law show the court adopted plaintiff’s theory of the law but found against it on the facts; and because of the strong conflict in the evidence on the several issues of fact this ruling cannot be disturbed. It is the contention of plaintiff’s counsel that instead of the sale being by sample, defendant’s officers, who negotiated it, had handled Golden Age salmon previously, knew the quality
The judgment will be affirmed. It is so ordered.