Tower v. Pauly
Missouri Court of Appeals
Appeal from the St. Louis City, Circuit Court. — Hon. Daniel Dillon, Judge. The court erred in sustaining defendant’s motion to strike out. Where goods delivered to the buyer are inferior in quality to that which w;as warranted, and the warrantor knew of the use for which the article warranted was intended, consequential or special damages may be recovered for the breach. Ford v. Illinois Refrigerator Com.
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Appeal from the St. Louis City, Circuit Court. — Hon. Daniel Dillon, Judge. The court erred in sustaining defendant’s motion to strike out. Where goods delivered to the buyer are inferior in quality to that which w;as warranted, and the warrantor knew of the use for which the article warranted was intended, consequential or special damages may be recovered for the breach. Ford v. Illinois Refrigerator Com. Co., 40 111. 222; New York, etc., Mining Co. v. Fraser, 130 U. S. 611; Sinker, Davis S Co. v. Kidder, 120 Ind. 521-531; Accumulator Co. v. Dubuque St. Rhj Co., 12 O. O. A. 39, 46; Ferris v.…
1Opinion of the CourtRombauer, P. J.
This is the second appeal in the cause. It is taken by the plaintiff, who assigns for error that the taxation of certain. costs against him was erroneous, and that owing to erroneous rulings of the trial court his recovery of damages was inadequate. The first appeal was taken by the defendant and our opinion thereon is reported in 51 Mo. App. on pages 75 and following. The plaintiff’s former action, in which he recovered full damages, was tried on the theory that the plaintiff had rescinded a contract of the sale of a furnace sold to him by the defendant with warranty as to its quality. We…
2Cases cited7 opinions
- New York & Colorado Mining Syndicate & Co. v. FraserSupreme Court of the United States · 1889
- Swain v. . SchieffelinNew York Court of Appeals · 1892
- Ferris v. Comstock, Ferre & Co.Supreme Court of Connecticut · 1866
- Moore v. EmersonMissouri Court of Appeals · 1895
- Clifton v. SparksMissouri Court of Appeals · 1888
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3Cited by2 opinions
- Berlan v. Metropolitan Life InsuranceMissouri Court of Appeals · 1930
- Bush v. NormanMissouri Court of Appeals · 1920