Aultman, Miller & Co. v. Hunter
Missouri Court of Appeals
Error to tbe Jasper Circuit Court. — lion. J. D. Perhins, Judge. (1) Instructions number one and two given by the court aTe erroneous, because the defendant relied on an express warranty that the machine would bind and do good work, and the implied warranty that the machine was fit for the use for which it was sold was merged in said express warranty. Pavement Co. v. Smith, 17 Mo. App. 261; Lee v. Saddlery Co., 38 Mo.
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Error to tbe Jasper Circuit Court. — lion. J. D. Perhins, Judge. (1) Instructions number one and two given by the court aTe erroneous, because the defendant relied on an express warranty that the machine would bind and do good work, and the implied warranty that the machine was fit for the use for which it was sold was merged in said express warranty. Pavement Co. v. Smith, 17 Mo. App. 261; Lee v. Saddlery Co., 38 Mo. App. 201. (2) By accepting the agreement set out in record, the defendant waived the implied warranty that the machine was fit for the use for which it was bought, and also the…
1Opinion of the CourtGtll, J.
This is an action to recover on two promissory notes executed by the defendant fox the purchase price of a certain harvesting machine which the plaintiff sold to defendant in the summer of 1885. The defense pleaded was that the machine was wholly worthless for the purpose for which it was sold and also that plaintiff promised to make it do good work by the beginning of the harvest season of 1886, which was not done.
It seems that in May or June, 1885, just before the wheat harvest of that year, the defendant took the machine to his farm on trial. He used it during the harvest of that year,…
2Cases cited3 opinions
- International Pavement Co. v. Smith, Beggs & Ranken Machine Co.Missouri Court of Appeals · 1885
- Lee v. J. B. Sickles Saddlery Co.Missouri Court of Appeals · 1889
- Keystone Implement Co. v. LeonardMissouri Court of Appeals · 1890
3Cited by11 opinions
- Hill v. DillonMissouri Court of Appeals · 1913
- McIntyre v. Kansas City Coca Cola Bottling Co.District Court, W.D. Missouri · 1949
- Boulware v. Victor Automobile Manufacturing Co.Missouri Court of Appeals · 1911
- Progressive Finance and Realty Co. v. StempelMissouri Court of Appeals · 1936
- Little v. WidenerMissouri Court of Appeals · 1930
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