Viertel v. Smith
Missouri Court of Appeals
Error to the Cooper Circuit Court. — Hon. D. W. Shackelford, Judge. (1) The demurrer admitted everything which the evidence fairly tended to prove, but challenged its sufficiency in law. Bine v. Bailroad, 32 Mo. App. 634; 2 Thompson on Trials, sec. 2267; Jackson v. Ins. Co., 27 Mo.
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Error to the Cooper Circuit Court. — Hon. D. W. Shackelford, Judge. (1) The demurrer admitted everything which the evidence fairly tended to prove, but challenged its sufficiency in law. Bine v. Bailroad, 32 Mo. App. 634; 2 Thompson on Trials, sec. 2267; Jackson v. Ins. Co., 27 Mo. App. 62; Bine v. Bailroad, 100 Mo. 228. (2) The plaintiff was entitled to a reasonable time in which to test the machine and to enable him to ascertain whether it complied with the warranty upon which it was sold. Implement Co. v. Leonard, 40 Mo. App. 477; Werner v. O’Brien, 40 Mo. App. 483; Johnson et al. v. Agr.…
1Opinion of the CourtGill, J.
On September 14, 1889, the plaintiff purchased from the defendants a Wood harvester and binder, and at the time defendants gave their written guarantee that the machine would “do good work in. all kinds of grain.” The plaintiff at the time of the purchase gave his note therefor in the sum of $120 due one year after date. When this note matured (September 14j 1890) plaintiff without objection paid the same to one Woolridge who had purchased it before maturity. In the fall of 1891, just two years after *620purchase of the harvester and hinder, plaintiff offered to return the machine to defendants…
2Cases cited2 opinions
- Tower v. PaulyMissouri Court of Appeals · 1892
- Johnson v. Whitman Agricultural Co.Missouri Court of Appeals · 1885
3Cited by7 opinions
- Spaulding Mfg. Co. v. HolidaySupreme Court of Oklahoma · 1912
- Hymer v. Dude Hinton Pontiac, Inc.Missouri Court of Appeals · 1960
- Sinnamon v. MooreMissouri Court of Appeals · 1912
- Western Silo Co. v. CousinsSupreme Court of Oklahoma · 1919
- Barber Medicine Co. v. BradleySupreme Court of Oklahoma · 1915
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