Connoble v. Clark
Missouri Court of Appeals
Appeal from the Pike Circuit Court. — Hon. E. M. Hughes, Judge. There was no implied ■ warranty that the animal sold would prove ready and prompt in his service. (a) An express warranty of certain qualities excluded any implied warranty of others. 2 Benj. on Sales, p. 872, sec. 1002; Pav. Co. v. Smith, 17 Mo.
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Appeal from the Pike Circuit Court. — Hon. E. M. Hughes, Judge. There was no implied ■ warranty that the animal sold would prove ready and prompt in his service. (a) An express warranty of certain qualities excluded any implied warranty of others. 2 Benj. on Sales, p. 872, sec. 1002; Pav. Co. v. Smith, 17 Mo. App. 264; Baldwin v. Van Biesen, 37 N. T. 487. (b) The plaintiff personally inspected the animal, and sought information of others as to secret qualities about which the •defendant told him he was ignorant. Story on Sales, •sec. 369, et seq.; 2 Benj. Sales, 842-862; Parkinson v. Lee, 2…
1Opinion of the CourtRombatxeb, P. J.
This suit was instituted for the purpose of recovering damages caused to the defendant by the plaintiff’s breach of warranty in the sale of a jackass. The petition contains two counts. The first count charges that the defendant warranted the animal to be first class for breeding purposes, and such as jackasses are kept for, and that, upon the faith of such warranty, the plaintiff paid the defendant six hundred dollars, and incurred expenses in transporting the animal from the place of sale to its destination; that the animal was not first class for breeding purposes, was a very poor…
2Cases cited6 opinions
- Holmes v. BraidwoodSupreme Court of Missouri · 1884
- Callaway Mining & Manufacturing Co. v. ClarkSupreme Court of Missouri · 1862
- McGonigle v. DaughertySupreme Court of Missouri · 1879
- Taylor v. MaguireSupreme Court of Missouri · 1848
- Schultz v. MoonMissouri Court of Appeals · 1889
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3Cited by5 opinions
- James H. Love & Co. v. RossSupreme Court of Iowa · 1893
- Scarritt Furniture Co. v. N. M. Moser & Co.Missouri Court of Appeals · 1892
- Spink v. MuellerMissouri Court of Appeals · 1898
- Stewart v. PattonMissouri Court of Appeals · 1896
- Dunnevant v. MocksoudMissouri Court of Appeals · 1907