[DOWNLOAD] "Glen O'Brien Movable Partition Company V." by Missouri Court of Appeals Western District ~ Book PDF Kindle ePub Free
eBook details
- Title: Glen O'Brien Movable Partition Company V.
- Author : Missouri Court of Appeals Western District
- Release Date : January 03, 1980
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 72 KB
Description
This is an appeal from a judgment in a case tried to the court below without a jury. The respondent-plaintiff, Glen O'Brien Movable Partition Company, Inc. (hereafter O'Brien), filed suit against appellant-defendant, David H. McMullen d/b/a McMullen and Company (hereafter McMullen), to recover the contract price for certain office furniture and office partitions which O'Brien had sold to McMullen, or, in the alternative, O'Brien asks for damages for wrongful non-acceptance or repudiation of such sales contract under the Missouri Uniform Commercial Code. McMullen counterclaimed for damages for alleged breaches of express and implied warranties in connection with the furniture and partitions covered under the contract. The court below ruled that the contract was severable as to the furniture, on the one hand, and the partitions on the other, and found that some of the office desks were in damaged condition when delivered and gave McMullen credit on the contract price for the furniture, and directed that such furniture (then in storage) be made available to O'Brien. The Court further found for O'Brien with reference to the office partitions holding that they were to the specifications of and were installed in accordance with the contract, and were not defective, and entered judgment in favor of O'Brien in the sum of $3,490.24. The Court found against McMullen on his counterclaim. Judgment was entered according to these findings, and McMullen appealed. O'Brien took no appeal from the judgment.