Anthony v. Potts
Missouri Court of Appeals
Appeal from the Boone Circuit Court. — Hon. Jno. A. Hookaday, Judge. (1) The judgment in this case against appellant should not be permitted to stand, as it greatly wrongs the appellant, outrages every sense of justice, and turns him away with his damages unrequited, and permits the warrantor to escape the obligations of his contract. Samuels v. Guin’s JEst., 49 Mo. App. 10; Bronson v. Turner, 77 Mo. 493; Brown v. Weldon, 27 Mo. App. 251; Thompson v. Botts, 8 Mo.
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Appeal from the Boone Circuit Court. — Hon. Jno. A. Hookaday, Judge. (1) The judgment in this case against appellant should not be permitted to stand, as it greatly wrongs the appellant, outrages every sense of justice, and turns him away with his damages unrequited, and permits the warrantor to escape the obligations of his contract. Samuels v. Guin’s JEst., 49 Mo. App. 10; Bronson v. Turner, 77 Mo. 493; Brown v. Weldon, 27 Mo. App. 251; Thompson v. Botts, 8 Mo. App. 710; Benjamin on Sales, sec. 616; 2 Schouler’s Personal Property, sec. 341. The evidence unquestionably discloses a general…
1Opinion of the CourtGill, J.
Anthony sued Potts before a justice of' the peace, for damages on the breach of an alleged' warranty, as to the soundness of a mule, which the. latter sold to the former. In the circuit court the cause was tried by the judge without the aid of a jury,. resulting in a finding and judgment for defendant, and plaintiff appealed.
It is here insisted by the plaintiff that, on the evi-' dence adduced at the trial, we ought to reverse the judgment because clearly for the wrong party. This we can not do, if there is substantial evidence tending to sustain the finding of the trial court, provided, of…
2Cases cited2 opinions
- Carter v. BlackSupreme Court of Missouri · 1870
- Samuels v. Guin's EstateMissouri Court of Appeals · 1892
3Cited by7 opinions
- Young v. VannattaMissouri Court of Appeals · 1905
- Moore v. KogerMissouri Court of Appeals · 1905
- Faust v. KoersMissouri Court of Appeals · 1905
- Galbreath v. CarnesMissouri Court of Appeals · 1902
- Childs v. EmersonMissouri Court of Appeals · 1906
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