Emerson-Brantingham Implement Co. v. Simpson
Missouri Court of Appeals
Appeal from Mississippi County Circuit Court. — Ho». Frank Kelly, Judge. (1) The court erred in sustaining objections to the testimony of defendant, including the testimony tending to show his inexperience with, and lack of knowledge of tractors.
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Appeal from Mississippi County Circuit Court. — Ho». Frank Kelly, Judge. (1) The court erred in sustaining objections to the testimony of defendant, including the testimony tending to show his inexperience with, and lack of knowledge of tractors. Defendant’s answer alleged that the conduct of plaintiff constituted fraud, and all evidence tending to show what the agreement really was and the contemporaneous statement was admissible, 17 Cyc. 687 (B) and 701 (H); Stone v. Barrett, 34 Mo. App. 15; 13 C. J. 396 (sec. 306). (2) If a thing is sold under warranty and will not do the work it was…
1Opinion of the CourtBradley, J.
Plaintiff sued to recover $2100 the purchase price of a Big Pour-20 horse power gasoline tractor and other machinery. The contract was in the form of a written order signed hy defendant. The defense was that the written order did not contain the whole agreement, and a breach of the warranty contained in the agreement. Defendant also interposed a counterclaim for freight paid and expenses incurred in attempting to operate the tractor. The cause was tried to a jury and resulted in a verdict for plaintiff for the amount sued for, and for defendant on his counterclaim, and for some machinery…
Also in this document: Concurrence.
2Cases cited8 opinions
- McCormick v. City of St. LouisSupreme Court of Missouri · 1901
- Branson v. TurnerSupreme Court of Missouri · 1883
- Salts v. Prudential InsuranceMissouri Court of Appeals · 1909
- Bowman v. Marceline Coal & Mining Co.Missouri Court of Appeals · 1913
- El Paso Milling Co. v. DavisMissouri Court of Appeals · 1916
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3Cited by2 opinions
- Nitrin, Inc. v. Bethlehem Steel Corp.Appellate Court of Illinois · 1976
- Fabick Bros. Equipment Co. v. LerouxMissouri Court of Appeals · 1964