Spangler v. Kite
Missouri Court of Appeals
Error to the Scotland Circuit Court. — Hon. Ben E. Turner, Judge. (1) The court erred in overruling defendant’s motion to exclude Thos. Evans as a juror for cause from the panel out of which jury was selected to try cause. R. S.j sec. 6083. (2) The court erred in refusing to require plaintiff to elect upon which count of the petition he would proceed to try the cause. Johnson v. Agricultural Co., 20 Mo. .App. 100 ; Walls v. Oates, 4 Mo.
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Error to the Scotland Circuit Court. — Hon. Ben E. Turner, Judge. (1) The court erred in overruling defendant’s motion to exclude Thos. Evans as a juror for cause from the panel out of which jury was selected to try cause. R. S.j sec. 6083. (2) The court erred in refusing to require plaintiff to elect upon which count of the petition he would proceed to try the cause. Johnson v. Agricultural Co., 20 Mo. .App. 100 ; Walls v. Oates, 4 Mo. App. 1. (3) The court erred in giving instructions, numbered 1 and 2, on the part of the plaintiff, as they were not warranted by the evidence and the…
1Opinion of the CourtRombatjeb, P. J.
A buyer, who has purchased a chattel, relying upon a false and fraudulent representation of quality made to him by the seller at or prior to the sale, may, at his election, rescind the sale by returning, or offering to return, the chattel within a reasonable time after his discovery of the fraud. Benjamin on Sales, 143; Campbell v. Fleming, 1 A. & E. 40; Redgrave v. Hurd, 20 Ch. Div. 1. By so doing he may recover the purchase money he paid. To that extent his remedy is different from the remedy of one who relies upon an express warranty or upon representations equivalent to a warranty, as the…
2Cases cited7 opinions
- State v. WaltonSupreme Court of Missouri · 1881
- McComas v. Covenant Mutual Life InsuranceSupreme Court of Missouri · 1874
- State v. CoreSupreme Court of Missouri · 1879
- State v. SteinSupreme Court of Missouri · 1883
- Henry Gaus & Sons Manufacturing Co. v. Magee, Lattimore & La Berge Manufacturing Co.Missouri Court of Appeals · 1890
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3Cited by4 opinions
- Jackson v. FultonMissouri Court of Appeals · 1901
- Phares v. Jaynes Lumber Co.Missouri Court of Appeals · 1906
- Shannon v. AbellMissouri Court of Appeals · 1913
- State v. MusserUtah Supreme Court · 1946