Legal Opinion

Noble v. Nelson

Missouri Court of Appeals

Decided April 3, 1911PublishedCited by 1 opinion

Appeal from Camden Circuit Court. — Hon. G. H. Blanker, Judge. Defendant accepted the hoops and cannot now complain of the quality. No objection was made within a reasonable time. Stevens y. McKay, 40 Mo. 224; Black y. Lumber Co., 93 Mo. 374; Water & Light Co. y. Lamar, 140 Mo. 145; Steel & Wire Co. v. Symons, 110 Mo. App. 48. Under the law and the evidence, the judgment for respondent ought to be affirmed under the following authorities. Association v. McEnroe, 80 Mo.

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Appeal from Camden Circuit Court. — Hon. G. H. Blanker, Judge. Defendant accepted the hoops and cannot now complain of the quality. No objection was made within a reasonable time. Stevens y. McKay, 40 Mo. 224; Black y. Lumber Co., 93 Mo. 374; Water & Light Co. y. Lamar, 140 Mo. 145; Steel & Wire Co. v. Symons, 110 Mo. App. 48. Under the law and the evidence, the judgment for respondent ought to be affirmed under the following authorities. Association v. McEnroe, 80 Mo. App- 429; Machine Co. v. Brady, 67 Mo. App. 292; Danford v. Crookshank, 68 Mo. App.' 311; Brown v. Weeden, 27 Mo. „App. 251.

1Opinion of the CourtCox, J.

Action for compensation for barrel hoops sold by plaintiff to defendant. Defendant, by his answer, admitted receiving the hoops, but pleaded as a defense to the action that the hoops shipped him by plaintiff were not of the character he had ordered and were not of the value he had agreed to pay and that the amount which he had paid was full compensation for the goods received.

Trial was had before the court without .a jury, resulting in a judgment in defendant’s favor and plaintiff has appealed.

Plaintiff is a manufacturer and dealer in cooperage stock at Ft. Wayne, Indiana. Defendant is a…

2Cases cited7 opinions

  1. Moore v. H. Gaus & Sons Manufacturing Co.Supreme Court of Missouri · 1892
  2. Brown v. WeldonSupreme Court of Missouri · 1889
  3. St. Louis Brewing Ass'n v. McEnroeMissouri Court of Appeals · 1899
  4. A. G. Danforth & Co. v. CrookshanksMissouri Court of Appeals · 1897
  5. Laumeier v. DolphMissouri Court of Appeals · 1910

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3Cited by1 opinion

  1. Stark Bros. Nurseries & Orchards v. MayhewMissouri Court of Appeals · 1911

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