Henry Gaus & Sons Manufacturing Co. v. Magee, Lattimore & La Berge Manufacturing Co.
Missouri Court of Appeals
Appeal from the St. Louis City Circuit Court. — Hon. Leroy B. Vallí ant, Judge. (1) The petition in Gaus Company vs. MageeCompany simply states a cause of action for breach of warranty, and prays the recovery of damages arising therefrom. It states no allegation of fraud. It claims no rescission of the contract. It seeks to recover damages, direct and consequential, arising from an alleged breach of warranty.
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Appeal from the St. Louis City Circuit Court. — Hon. Leroy B. Vallí ant, Judge. (1) The petition in Gaus Company vs. MageeCompany simply states a cause of action for breach of warranty, and prays the recovery of damages arising therefrom. It states no allegation of fraud. It claims no rescission of the contract. It seeks to recover damages, direct and consequential, arising from an alleged breach of warranty. This being so, the rule for estimating damages is not the amount paid by the purchaser, where he receives and uses the thing sold (as in the case at bar), but the difference in the value…
1Opinion of the Court
• Romeaube, P. J.
-This record brings up two-actions, which were consolidated and tried as one case. The respondent is a manufacturer of doors, sash and blinds, and the appellant a manufacturer of machinery. In June, 1888, the appellant offered to construct and sell to the respondent a planing machine for the sum of eleven hundred dollars. Upon the appellant’s representations, made at the time, that the machine would perform certain work, the offer was accepted. The offer and its acceptance were oral. The machine was deliv-" ered to the respondent in September, 1888, and continued in its…
2Cases cited5 opinions
- Pope v. AllisSupreme Court of the United States · 1885
- Hawkins v. . PembertonNew York Court of Appeals · 1872
- Porter v. JonesSupreme Court of Missouri · 1873
- Calhoun v. PauleMissouri Court of Appeals · 1887
- Gaibout v. ClarkMissouri Court of Appeals · 1887
3Cited by8 opinions
- Ungerer & Co. v. Louis Maull Cheese & Fish Co.Missouri Court of Appeals · 1911
- Absher v. FranklinMissouri Court of Appeals · 1906
- Sedgwick v. National BankSupreme Court of Missouri · 1922
- Spangler v. KiteMissouri Court of Appeals · 1891
- Grant Quarry Co. v. Lyons Construction Co.Missouri Court of Appeals · 1897
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