Bates County Bank v. Anderson
Missouri Court of Appeals
Appeal from the Oass Oircu.it Court. — Non. W. L. Jarrott, Judge. (1) Under the proof made by defendant that the jack had served nine mares, the court should have instructed the jury to find for plaintiff as the only guarantee given by Oolyer was that the jack was “guaranteed to perform only.” Defendant purchased and accepted the jack under this guarantee. Weaver v. Railroad, 60 Mo. App. 207; Bank v. Hainline, 67 Mo. App. 483; Wolff v. Campbell, 110 Mo. 114; Mfg.
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Appeal from the Oass Oircu.it Court. — Non. W. L. Jarrott, Judge. (1) Under the proof made by defendant that the jack had served nine mares, the court should have instructed the jury to find for plaintiff as the only guarantee given by Oolyer was that the jack was “guaranteed to perform only.” Defendant purchased and accepted the jack under this guarantee. Weaver v. Railroad, 60 Mo. App. 207; Bank v. Hainline, 67 Mo. App. 483; Wolff v. Campbell, 110 Mo. 114; Mfg. Oo. v. Lumber & Hardware Oo., 81 Mo. App. 255. (2) The written note, pedigree and guarantee, introduced in evidence contained the…
1Opinion of the CourtEllison, J.
— This is an action on a promissory note for $235 sold and indorsed to plaintiff after maturity. The judgment in the trial court was for defendant. Defendant bought of D. A. Oolyer a jack for breeding purposes, paid him $150 in cash and executed the note in suit for the balance. The sale was by the following written instrument containing a warranty of the jack:
“Butler, Bates County, Missouri.
“April 19, 1897.
“I have this day sold to C. J. Anderson, one black jack, 'Clarkson/ fifteen hands high, four years old, last fall. This jack is guaranteed to perform only, and this guarantee is null and…
2Cited by4 opinions
- Turner v. Central Hardware Co.Supreme Court of Missouri · 1945
- Galbreath v. CarnesMissouri Court of Appeals · 1902
- Davis v. CramerMissouri Court of Appeals · 1915
- Burns v. LimerickMissouri Court of Appeals · 1914