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Contracts Keyed to Dawson
Security Stove & Mfg. Co. v. American Railway Express Co.
Citation:
227 Mo.App. 175, 51 S.W.2d 572 (1932)Facts
Security Stove manufactured a furnace with a special combination oil and gas burner that it wanted to exhibit at the American Gas Association Convention in Atlantic City in October 1926. The company engaged booth space and communicated with American Railway Express about shipping the furnace, emphasizing that delivery by October 8th was essential for the convention beginning October 11th. The defendant’s representative assured the plaintiff that if the shipment was provided by October 4th, it would reach Atlantic City by October 8th. The plaintiff delivered the shipment on October 2nd, and it consisted of 21 numbered packages. When the plaintiff’s president arrived at the convention, he discovered that one package containing the gas manifold—the most critical component of the exhibit—was missing. The package was later found at the defendant’s “over and short bureau” in St. Louis but was not delivered until after the convention ended, rendering the entire exhibit useless. The plaintiff incurred expenses for shipping, travel, accommodation, wages, and booth rental, all of which were wasted due to the defendant’s failure to deliver the complete shipment on time.
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