Wertheimer-Swarts Shoe Co. v. McDonald
Missouri Court of Appeals
Appeal from the Greene Circuit Court.— Eon. James T. Neville, Judge. (1) In the sale of a chattel, any representation or positive affirmation of quality and condition of the thing sold, and made with the intention of being relied on, is an express warranty, for breach of which an action wall lie. Childs v. Emerson, 117 Mo. App. 1 c. 675; Haines v. Neece, 116 Mo. App. 1. c. 510; Young v. Vannatta, 113 Mo. App. 1. c. 558; Danforth v. Crookshanks, 68 Mo.
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Appeal from the Greene Circuit Court.— Eon. James T. Neville, Judge. (1) In the sale of a chattel, any representation or positive affirmation of quality and condition of the thing sold, and made with the intention of being relied on, is an express warranty, for breach of which an action wall lie. Childs v. Emerson, 117 Mo. App. 1 c. 675; Haines v. Neece, 116 Mo. App. 1. c. 510; Young v. Vannatta, 113 Mo. App. 1. c. 558; Danforth v. Crookshanks, 68 Mo. App. 1. c. 316; Carter v. Black, 46 Mo. 1. c. 385. (2) A statement by the seller of chattels that his goods were equal in quality to other well…
1Opinion of the CourtNixon, P. J.
— The petition in this case (omitting caption and signatures) is as follows :
“Plaintiff states that it is and at all times hereinafter mentioned was a corporation duly organized and existing under and by virtue of the laws of the State of Missouri.
“That defendant is justly and truly indebted to the plaintiff in the sum of two hundred and sixty-four dollars ($264.00), being the reasonable and agreed price of goods, wares and merchandise sold and delivered by said plaintiff to the defendant during the month of May, 1907, at his special instance and request, full particulars of which will appear…
2Cases cited18 opinions
- State ex rel. Attorney General v. Simmons Hardware Co.Supreme Court of Missouri · 1891
- Darrett v. DonnellySupreme Court of Missouri · 1866
- Atteberry v. PowellSupreme Court of Missouri · 1860
- Sternberg v. LevySupreme Court of Missouri · 1901
- A. G. Danforth & Co. v. CrookshanksMissouri Court of Appeals · 1897
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3Cited by5 opinions
- Turner v. Central Hardware Co.Supreme Court of Missouri · 1945
- State Ex Rel. Great American Home Savings Institution v. LeeSupreme Court of Missouri · 1921
- McGuire Ex Rel. McGuire v. AmyxSupreme Court of Missouri · 1927
- Vaughn v. William J. Lemp Brewing Co.Missouri Court of Appeals · 1910
- Bruns v. UebelSupreme Court of Missouri · 1958