Oak Lawn Sugar Co. v. Sparks Bros. Mule Co.
Missouri Court of Appeals
Appeal from Jackson Circuit Court. — Hon. Walter A. Powell, Judge. (1) The court erred in refusing appellant’s demurrer to the evidence and the instruction in that nature, requested at the close of all the evidence, for the reason that there was a total failure of proof upon the issue of a warranty and a breach thereof. There was no breach of warranty. Kuhler v. Tobin, 61 Mo. App. 576; Toney v. Goodley, 57 Mo. App. 235; York v. Farmers Bank, 105 Mo.
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Appeal from Jackson Circuit Court. — Hon. Walter A. Powell, Judge. (1) The court erred in refusing appellant’s demurrer to the evidence and the instruction in that nature, requested at the close of all the evidence, for the reason that there was a total failure of proof upon the issue of a warranty and a breach thereof. There was no breach of warranty. Kuhler v. Tobin, 61 Mo. App. 576; Toney v. Goodley, 57 Mo. App. 235; York v. Farmers Bank, 105 Mo. App. 137; 35’ Cyc., pp. 367, 368 and 369; Cement Co. v. Stewart, 103 Mo. App. 182; Chanter v. Hopkins, 4 Mees. & W. 399; Ingwerson v. Railroad,…
1Opinion of the CourtEllison, J.
Plaintiff’s petition states a case for breach of warranty in the sale of forty-seven head of mules. The judgment in the trial court was for the plaintiff.
Plaintiff is a corporation owning a sugar plantation in the State of Louisiana, and defendant is a corporation engaged in the business of buying and selling mules. On January 12, 1907, E. V. Weems, who was president of the plaintiff company, came to Kansas City and he and one of defendant’s officers selected the forty-seven head from a large number which defendant had in pens upon its premises. The petition alleges that twenty-three of the…
2Cases cited7 opinions
- Gould v. SteinMassachusetts Supreme Judicial Court · 1889
- Insurance Co. of North America v. GuardiolaSupreme Court of the United States · 1889
- Harrington v. SmithMassachusetts Supreme Judicial Court · 1884
- Bloom's Son Co. v. HaasMissouri Court of Appeals · 1908
- Woods v. ThompsonMissouri Court of Appeals · 1905
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