Tower v. Pauly
Missouri Court of Appeals
Appeal from the St. Louis City Circuit Court. — Hon. Daniel Dillon, Judge. (1) Tlae trial court erred in refusing the defendant’s instruction that plaintiff was not entitled to recover on the pleadings and evidence. The action is predicated distinctly upon a rescission of the contract of sale for breach of warranty. This right does not exist unless the whole of the property sold is restored.
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Appeal from the St. Louis City Circuit Court. — Hon. Daniel Dillon, Judge. (1) Tlae trial court erred in refusing the defendant’s instruction that plaintiff was not entitled to recover on the pleadings and evidence. The action is predicated distinctly upon a rescission of the contract of sale for breach of warranty. This right does not exist unless the whole of the property sold is restored. It is a direct condition that this shall be done; otherwise there can be no rescission. If any part of the property is retained by the buyer, and this has any value to him or to the seller, the buyer’s…
1Opinion of the CourtThompson, J.
In this action the plaintiff seeks to recover of the defendant the sum of $425, the same being the purchase price of a hot-air furnace paid by the plaintiff to the defendant, which furnace the defendant had furnished to the plaintiff and had erected in his house under a contract of warranty hereafter stated. The case was tried in the circuit court without a jury, and there was a verdict and judgment for the plaintiff in the sum of $430.26, from which the defendant prosecutes this appeal.
The petition states, in substance, that the defendant entered into a contract with the plaintiff on…
2Cases cited11 opinions
- Baird v. . Mayor, Etc., of City of N.Y.New York Court of Appeals · 1884
- Pierson v. . CrooksNew York Court of Appeals · 1889
- Reed v. . RandallNew York Court of Appeals · 1864
- Cobb v. . HatfieldNew York Court of Appeals · 1871
- Boothby v. ScalesWisconsin Supreme Court · 1871
6 more not listed; retrieve them via the Exa API.
3Cited by16 opinions
- Pierce Steam Heating Co. v. A. Siegel Gas Fixture Co.Missouri Court of Appeals · 1895
- Hymer v. Dude Hinton Pontiac, Inc.Missouri Court of Appeals · 1960
- Fairbanks, Morse & Co. v. WalkerSupreme Court of Kansas · 1907
- Phares v. Jaynes Lumber Co.Missouri Court of Appeals · 1906
- Long v. International Vending Machine Co.Missouri Court of Appeals · 1911
11 more not listed; retrieve them via the Exa API.