# Deardorff v. Chicago, Burlington & Quincy Railroad

> Supreme Court of Missouri · December 31, 1914 · 263 Mo. 65

URL: https://www.frixlaw.com/law-library/cases/8019085

## Case

- **Full name:** W. W. DEARDORFF and J. R. HERYFORD. Partners v. CHICAGO, BURLINGTON & QUINCY RAILROAD COMPANY
- **Court:** Supreme Court of Missouri
- **Decided:** December 31, 1914
- **Citations:** 263 Mo. 65; 172 S.W. 333; 1914 Mo. LEXIS 380
- **Precedential status:** Published
- **Opinion:** Dissent by Graves
- **Judges:** Brown, Graves, Who, Woodson
- **Cited by:** 1 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/8019085

## Opinion text

GRAVES, J.
(dissenting). — I shall not go into all the reasons for this dissent. One proposition will suffice. It is undisputed in-this record that a number of the written contracts read from “Hale, Mo., to Kansas City, Mo.” The defendant having thus contracted cannot gainsay the terms of its contract in order to make an interstate shipment out of a contracted intrastate shipment. The contract estops defendant from making such claim.
For this reason the majority opinion is in error, if not for others. I therefore dissent.
Brown, J., concurs with me.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/8019085. Public record. Not legal advice.