Nichols-Shepard Co. v. Rhoadman
Missouri Court of Appeals
Appeal from Louisiana Court of Common Pleas. — Hon. David H. Eby, Judge. (1) Tbe defendant waived tbe performance of tbe so-called condition precedent by omitting to specify in tbe answer wherein and bow defendant failed to comply with tbe conditions precedent. Sucb a defense cannot be made under a general denial. Bliss on Code PI. (2 Ed.), sec. 356a; Preston v. Roberts, 12 Busb 582; Elec. Co. v. Lewis, 86 Mo.
Read the full summary
Appeal from Louisiana Court of Common Pleas. — Hon. David H. Eby, Judge. (1) Tbe defendant waived tbe performance of tbe so-called condition precedent by omitting to specify in tbe answer wherein and bow defendant failed to comply with tbe conditions precedent. Sucb a defense cannot be made under a general denial. Bliss on Code PI. (2 Ed.), sec. 356a; Preston v. Roberts, 12 Busb 582; Elec. Co. v. Lewis, 86 Mo. App. 612. (2) Tbe fact that plaintiff was personally represented at tbe time and place tbe stacker was delivered and tbe fact that tbe stacker was admitted by him to be deficient…
1Opinion of the CourtGoode, J.
(after stating the facts.) — It is plain from the foregoing statement that the instructions of the court were correct. The rights and obligations of the respective parties were controlled in this case by a written contract containing stipulations which were conditions precedent to any right of action by either party. Plaintiff was bound to make good its warranties; but to lay it liable to an action for breach of warranty, it was incumbent on the defendants to perform their stipulations. [Nichols, Shepard & Co. v. Larkin, 79 Mo. 267, 274.] This they failed to do. They threshed with the machine…
2Cases cited1 opinion
- Nichols, Shepherd & Co. v. LarkinSupreme Court of Missouri · 1883
3Cited by23 opinions
- Nave v. PowellIndiana Court of Appeals · 1911
- Yerxa, Andrews & Thurston v. Randazzo MacAroni Manufacturing Co.Supreme Court of Missouri · 1926
- Dugan v. TroutMissouri Court of Appeals · 1954
- Bank of Polk v. WoodMissouri Court of Appeals · 1915
- Best Manufacturing Co. v. HuttonMontana Supreme Court · 1914
18 more not listed; retrieve them via the Exa API.