Eversole v. Hanna
Decision Date | 23 November 1914 |
Docket Number | No. 11265.,11265. |
Citation | 184 Mo. App. 445,171 S.W. 25 |
Parties | EVERSOLE et al. v. HANNA. |
Court | Missouri Court of Appeals |
Appeal from Circuit Court, Buchanan County; Charles H. Mayer, Judge.
Action by S. G. Eversole and another against Fred Hanna. Judgment for the plaintiffs, and defendant appeals. Affirmed.
J. E. Heffley, of St. Joseph, for appellant. B. G. Voorhees, of St. Joseph, for respondents.
This is an action for breach of a written contract entered into April 1, 1913, by the terms of which defendant, a dairyman, sold plaintiffs a dairy route in St. Joseph and certain personal property employed in the business for $450, and agreed to sell plaintiffs "50 gallons of pure milk per day until March 1, 1914, at 17½ cents per gallon." Plaintiffs paid $300 on the purchase price and executed and delivered to defendant their promissory note for the remainder, due March 1, 1914, and secured by a chattel mortgage on the property. There were 85 customers on the route, and together they purchased about 35 gallons of milk daily, which was sold at the rate of 14 quarts for $1. Plaintiffs lived on a little farm near the city limits and kept a few milch cows, from which they obtained four or five gallons of milk each day. After purchasing defendant's route they sold the milk they procured from their own cows in bottles, and that purchased from defendant was sold out of five and ten gallon cans. Defendant had a dairy farm in the country a mile or more from the residence of plaintiffs, and delivered to plaintiffs the milk from morning milkings, transferring it from his wagon to theirs just before the latter started on its morning trips to retail customers. Plaintiffs went to defendant's dairy for the milk procured in the evenings, a part of which they delivered the same evening to customers. They placed the cans containing the remainder, which was to be delivered the next morning, in a concrete basin, filled with water, to keep the milk cool and fresh. The basin was inclosed by a...
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