Kerr v. Emerson
Missouri Court of Appeals
Appeal from the Hannibal Court of Common Pleas.— Hon. Beuben F. Boy, Judge.
1Opinion of the CourtBiggs, J.
This is an action to recover the purchase money of a jack. The jury returned a verdict for plaintiff for $843.48, and judgment was entered for that amount. The petition alleges a breach Of warranty in the sale of the animal, and a rescission of the contract on account of it. The defendant has appealed and, among other things, complains of the plaintiff’s instructions.
*160Where a breach of warranty occurs in the sale of a chattel and the purchase money has been paid, the vendee may retain the property and sue for the breach, or he may, on returning the property, promptly after the notice of the…
2Cases cited6 opinions
- Branson v. TurnerSupreme Court of Missouri · 1883
- Pierce Steam Heating Co. v. A. Siegel Gas Fixture Co.Missouri Court of Appeals · 1895
- Johnson v. Whitman Agricultural Co.Missouri Court of Appeals · 1885
- Layson v. WilsonMissouri Court of Appeals · 1889
- Berry v. Walter A. Wood Mowing & Reaping Machine Co.Missouri Court of Appeals · 1895
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3Cited by2 opinions
- McCormick Harvesting Machine Co. v. HeathMissouri Court of Appeals · 1896
- Atkin Bros. v. Southern Grain Co.Missouri Court of Appeals · 1908