Osborne v. Mullikin
Missouri Court of Appeals
Appeal from Scotland Circuit Oourt. — Hon. Edwin B. McKee, Judge. (1) This machine was sold upon an express written, conditional warranty which was given after the respondent had used the machine for the season of 1895. Therefore, he is confined to the conditions attached to the said written contract. Wood Machine Oo. v. Babbst, 56 Mo. App. 427. The contract in that case is similar to the one under consideration.
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Appeal from Scotland Circuit Oourt. — Hon. Edwin B. McKee, Judge. (1) This machine was sold upon an express written, conditional warranty which was given after the respondent had used the machine for the season of 1895. Therefore, he is confined to the conditions attached to the said written contract. Wood Machine Oo. v. Babbst, 56 Mo. App. 427. The contract in that case is similar to the one under consideration. The contract as set out in the case of Kingman & Oo. v. Schulenberger, 64 Mo. App. 548, is also similar to the one under consideration. It was complete in all its parts, and no parol…
1Opinion of the CourtGoode, J.
Action on two promissory notes given for the purchase price of a self-binding harvester. Defense, breach of the following written warranty: “This implement is warranted to be well made, of good material and with proper management, to do good work. If, on starting it, it should occur that the purchaser can not make it work well, he should immediately notify the local agent who sold it, or D. M. Osborne & Co., whereupon, some one will be sent to put it in order. If it is not then made to do good work, it may be returned at once to said local agent at his place of business and any payments made…
2Cases cited10 opinions
- Phillips & Colby Construction Co. v. SeymourSupreme Court of the United States · 1876
- Nichols, Shepherd & Co. v. LarkinSupreme Court of Missouri · 1883
- Dobbins v. EdmondsMissouri Court of Appeals · 1885
- City of St. Louis v. Wiggins Ferry Co.Supreme Court of Missouri · 1886
- Werner v. O'BrienMissouri Court of Appeals · 1890
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3Cited by2 opinions
- Laumeier v. DolphMissouri Court of Appeals · 1910
- Palmer v. Reeves & Co.Missouri Court of Appeals · 1909