124 Mo. App. 304 | Mo. Ct. App. | 1907
The action is to recover the purchase price of one car load of No. 2 lath. The evidence
Wells testified that he did not agree that the lath should be delivered at St. James in five days from the date of the order, or at any particular date. He testified
The issues were submitted to the court without the intervention of a jury. No declarations of law were asked or given. The court found the issues for defendants. Plaintiff contends that the finding of the court is not supported by any evidence. We think otherwise. From defendant’s evidence, it appears that the time of delivery of the lath was made the essence of the contract, and if, as they testified, plaintiff agreed to deliver the lath in five days and failed to do so, defendants had the right to repudiate the whole of the contract. [Redlands Orange Growers Ass’n v. Gorman, 76 Mo. App. 184, 161 Mo. 203, 61 S. W. 820.] The judgment is affirmed.