Afflick v. Streeter
Missouri Court of Appeals
Appeal from Boone Circuit Court. — Hon. E. W. Hinton, Special Judge. (1) The buyer of live stock is entitled and has a right to rely upon statements made by the seller concerning the condition of the animal and to treat such statements as warranties where they are not obviously mere expressions of opinion or dealers talk. 30 Am. and Eng. Ency. Law (2 Ed.), 158; Brausonv.
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Appeal from Boone Circuit Court. — Hon. E. W. Hinton, Special Judge. (1) The buyer of live stock is entitled and has a right to rely upon statements made by the seller concerning the condition of the animal and to treat such statements as warranties where they are not obviously mere expressions of opinion or dealers talk. 30 Am. and Eng. Ency. Law (2 Ed.), 158; Brausonv. Turner, 77 Mo. 489. (2) Appellants have a complete remedy by suing for damages after the purchase money has been paid. Kerrv. Emerson, 64 Mo. App. 159 and cases cited. (3) Upon any theory, the plaintiffs were entitled to…
1Opinion of the CourtBroaddus, P. J.
This suit was begun in the justice court, whence it was taken by appeal to the circuit court where judgment was rendered for defendant, from which plaintiffs appealed.
The statement of plaintiff’s cause of action is substantially as follows. In August, 1905, plaintiffs purchased from defendant a carload of hogs at the price of $5.75 cwt. to be delivered in the following month of September. That defendant represented that the hogs were of the kind and description that would sell within ten cents of the highest market price any hogs would be sold for on the market on the days said hogs would be…
2Cases cited2 opinions
- Lansden v. McCarthySupreme Court of Missouri · 1869
- D. C. Hardy Implement Co. v. South Bend Iron WorksSupreme Court of Missouri · 1895
3Cited by1 opinion
- Afflick v. StreeterMissouri Court of Appeals · 1909