Keystone Implement Co. v. Leonard
Missouri Court of Appeals
Appeal from the Saline Circuit Court. — Hon. Richard Field, Judge. (1) Legal propositions relied upon. Where the warranty is in writing, it cannot be enlarged or varied by parol. 1 Parsons on Contracts [6 Ed.] 590. Nor can a warranty be implied. Benj. on Sales [3 Am. Ed.J sec. 666. An express warranty of the quality of the chattel excludes any implied warranty of its fitness for its intended use. International Co. v. Smith, B. R. M. Co., 17 Mo.
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Appeal from the Saline Circuit Court. — Hon. Richard Field, Judge. (1) Legal propositions relied upon. Where the warranty is in writing, it cannot be enlarged or varied by parol. 1 Parsons on Contracts [6 Ed.] 590. Nor can a warranty be implied. Benj. on Sales [3 Am. Ed.J sec. 666. An express warranty of the quality of the chattel excludes any implied warranty of its fitness for its intended use. International Co. v. Smith, B. R. M. Co., 17 Mo. App. 264; Johnson v. Latmer, 71 Ga. 470. (2) If a buyer upon breach of warranty seek to return the goods it must be done forthwith or without…
1Opinion of the CourtSmith, P. J.
The plaintiff sued defendant for the price of a fodder cutter. The defendant admitted the purchase of the machine, but denies that he owes plaintiff anything on account thereof, and pleaded and offered evidence to sustain two defenses: First. That the machine was bought with a warranty that it was the finest machine ever presented to the public, strongly and durably made, would do good work, etc., and that if it did not do good work as warranted the plaintiff on notice would make it work properly ; and that it failed to work and was a failure as a cutting machine, and that defendant notified…
2Cases cited5 opinions
- Brown v. WeldonSupreme Court of Missouri · 1889
- Murphy v. GaySupreme Court of Missouri · 1866
- Ellet v. St. Louis, Kansas City & Northern Railway Co.Supreme Court of Missouri · 1882
- Skeen v. Springfield Engine & Thresher Co.Missouri Court of Appeals · 1889
- Kerr v. HaymakerMissouri Court of Appeals · 1886
3Cited by7 opinions
- Long Bros. v. J. K. Armsby Co.Missouri Court of Appeals · 1891
- Acme Harvesting Machine Co. v. GaspersonMissouri Court of Appeals · 1913
- Aultman, Miller & Co. v. HunterMissouri Court of Appeals · 1900
- Boulware v. Victor Automobile Manufacturing Co.Missouri Court of Appeals · 1911
- Buss v. Allison Window Glass Co.Missouri Court of Appeals · 1909
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