Crenshaw v. Looker
Supreme Court of Missouri
Appeal from Lincoln Circuit Court. — Ho». E. M. Hughes, Judge. (1) There is no implied warranty (except as to title) of a machine sold by one dealer or manufacturer. Benjamin on Sales (Bennett’s Ed.), sec. 657; Tiedeman on Sales, sec. 190; Anthony v. Potts, 63 Mo. App. 517. (2) If the property was of any value for any purpose whatever it must have been returned to defeat plaintiff’s cause of action, and such return must be prompt. Brown v. Weldon, 27 Mo.
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Appeal from Lincoln Circuit Court. — Ho». E. M. Hughes, Judge. (1) There is no implied warranty (except as to title) of a machine sold by one dealer or manufacturer. Benjamin on Sales (Bennett’s Ed.), sec. 657; Tiedeman on Sales, sec. 190; Anthony v. Potts, 63 Mo. App. 517. (2) If the property was of any value for any purpose whatever it must have been returned to defeat plaintiff’s cause of action, and such return must be prompt. Brown v. Weldon, 27 Mo. App. 251, 99 Mo. 564; Tower v. Pauly, 51 Mo. App. 75; Mfg. Co. v. Magee, 42 Mo. App. 314; Cahn v. Reid, 18 Mo. App. 115; Kirk v. Seeley, 63…
1Opinion of the Court
VALTJANT, ,T.
Plaintiff sued in ejectment for a lot in the town of Elsberry. The lot had belonged to the defendant, who executed a deed of trust conveying it to a trustee to secure two notes for $250 each, payable to the plaintiff; when the notes became due, they were not paid, and the trustee sold the property under the terms of the deed of trust; the plaintiff became the purchaser at the trustee’s sale for $225, and receivéd the trustee’s deed therefor. Those facts, together with the fact that the rental value of the property was $5 or $6 a month, were shown by the plaintiff’s evidence at'…
2Cases cited2 opinions
- Brown v. WeldonSupreme Court of Missouri · 1889
- Brown v. WeldonMissouri Court of Appeals · 1887
3Cited by11 opinions
- New York Life Ins. Co. v. SeymourCourt of Appeals for the Sixth Circuit · 1930
- P.S.L. Realty Co. v. Granite Investment Co.Appellate Court of Illinois · 1976
- Acme Harvesting Machine Co. v. GaspersonMissouri Court of Appeals · 1913
- Sinnamon v. MooreMissouri Court of Appeals · 1912
- Columbia Weighing MacHine Co. v. YoungMissouri Court of Appeals · 1928
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