Pierce Steam Heating Co. v. A. Siegel Gas Fixture Co.
Missouri Court of Appeals
Appeal from the St. Louis City Circuit Court. — Hon. Leroy B. Valliant, Judge. (1) Where there is a breach of warranty the vendee may rescind the contract and return in a reasonable time the thing sold, and after such rescission he may recover back anything which he may have paid on the purchase price. Bronson v. Turner, 77 Mo. 489; Tower v. Pauley, 51 Mo. App. 75; Rogers v. Hanson, 35 Iowa, 283; Woodlev.
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Appeal from the St. Louis City Circuit Court. — Hon. Leroy B. Valliant, Judge. (1) Where there is a breach of warranty the vendee may rescind the contract and return in a reasonable time the thing sold, and after such rescission he may recover back anything which he may have paid on the purchase price. Bronson v. Turner, 77 Mo. 489; Tower v. Pauley, 51 Mo. App. 75; Rogers v. Hanson, 35 Iowa, 283; Woodlev. Whitner, 23 Wis. 55; Bryant v. Isburgh, 13 Gray, 607; Marston v. Knight, 29 Me. 341. (2) Before a foreign corporation can do business in this state it must comply with the section of th.e…
1Opinion of the CourtBiggs, J.
The plaintiff sued the defendant for the purchase price of a number 6 boiler, sold November 8, 1890, to be used in a church in the city of St. Louis; also for the price of a number 8 boiler, sold December 9, 1890, which was shipped to Fort Worth, Texas. The account sued on also includes a bill for supplies. The plaintiff is incorporated under the laws of the state of New York. The articles sued for were ordered by mail from St. Louis, the defendant’s place of residence. The articles were placed on board of the cars at Buffalo, New York, and defendant paid the freight.
The answer is a general…
2Cases cited4 opinions
- Pierson v. . CrooksNew York Court of Appeals · 1889
- Tower v. PaulyMissouri Court of Appeals · 1892
- Johnson v. Whitman Agricultural Co.Missouri Court of Appeals · 1885
- Williams v. ScullinMissouri Court of Appeals · 1894
3Cited by17 opinions
- Tri-State Amusement Co. v. Forest Park Highlands Amusement Co.Supreme Court of Missouri · 1905
- Ehrhardt v. Robertson Bros.Missouri Court of Appeals · 1899
- Ammons v. Brunswick-Balke-Collender Co.Court of Appeals for the Eighth Circuit · 1905
- Kirven v. Virginia-Carolina Chemical Co.Court of Appeals for the Fourth Circuit · 1906
- Wilson-Moline Buggy Co. v. PriebeMissouri Court of Appeals · 1907
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