Legal Opinion

Noble v. Buddy

Missouri Court of Appeals

Decided December 4, 1911PublishedCited by 1 opinion

Appeal from Buchanan Circuit Court. — Row. L. J. Eastin, Judge. There is no warranty either express or implied in this case. Galbreath v. Carnes, 91 Mo. App. 512; Matlock v. Meyers, 64 Mo. 531; Anderson v. McPike, 86 Mo. 1. c. 300-; Norris v. Reinstedler, 90 Mo. App. 626; Brown v. Baird (Okla.), 48 Pac. 180'. The contract was based on inspection and offer by appellant not on any warranty. Muhr et al. v. Eagle, 7 Mo. App. 590; Anthony v. Potts, 63 Mo.

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Appeal from Buchanan Circuit Court. — Row. L. J. Eastin, Judge. There is no warranty either express or implied in this case. Galbreath v. Carnes, 91 Mo. App. 512; Matlock v. Meyers, 64 Mo. 531; Anderson v. McPike, 86 Mo. 1. c. 300-; Norris v. Reinstedler, 90 Mo. App. 626; Brown v. Baird (Okla.), 48 Pac. 180'. The contract was based on inspection and offer by appellant not on any warranty. Muhr et al. v. Eagle, 7 Mo. App. 590; Anthony v. Potts, 63 Mo. App. 1. c. 520; Mechem on Sales (1 Ed.), sec. 232, p. 216; Byrd v. Press Co., 90 Ga. 542, 16 S. E. 267.

1Opinion of the Court

BROADDUS, P. J. —

The plaintiff sues to recover of the defendants as a firm the sum of $447.18. The petition alleges that on or about the 2d of December, 1908, plaintiff sold and delivered to defendants at St. Joseph, Missouri, one car load of wooden barrel hoops, 57,700 in number, at the agreed price of $7.75 per thousand, or in total $447.18; that afterwards on the — day of December, 1908, defendants paid ■ $82.15 freight and demurrage charges on said hoops, for which they are entitled to credit.

The answer admits the purchase of the hoops from plaintiff at the time and at the price stated in…

2Cases cited4 opinions

  1. Wannell v. KemSupreme Court of Missouri · 1874
  2. Egger v. NesbittSupreme Court of Missouri · 1894
  3. Duke v. ComptonMissouri Court of Appeals · 1892
  4. Ransberger v. IngMissouri Court of Appeals · 1894

3Cited by1 opinion

  1. Birch Tree State Bank v. DowlerMissouri Court of Appeals · 1912

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