Sigerson v. Harker
Supreme Court of Missouri
APPEAL from St. Louis Court of Common Pleas. STATEMENT OF THE CASE. Sigerson sued Harker, under the new code, on the J4fb January, 1850. The petition states, that defendant owes plaintiff $164, under the following agreement, to-wit: The plaintiff sold to said defendant a certain quantity of land, for which defendant was to deliver to plaintiff about 700 pork barrels; a portion of which was on the wharf at St. Louis, and another portion was represented to he of the same…
Read the full summary
APPEAL from St. Louis Court of Common Pleas. STATEMENT OF THE CASE. Sigerson sued Harker, under the new code, on the J4fb January, 1850. The petition states, that defendant owes plaintiff $164, under the following agreement, to-wit: The plaintiff sold to said defendant a certain quantity of land, for which defendant was to deliver to plaintiff about 700 pork barrels; a portion of which was on the wharf at St. Louis, and another portion was represented to he of the same quality as those on said wharf, and were in store, and the balance in cash. For the pork barrels in store, defendant gave…
1Opinion of the CourtScott, J.
It can scarcely be necessary to say, that the court committed no error in admitting parol evidence of the contract between the parties, there being no written one. On no pretence can it be said that the open account was a written contract.
The instruction given by the court, at its own instance, was liable to exception. Without entering into the question, whether a contract with a warranty, as to quality in a sale of chattels, which contract has been executed, the vendee, for a breach of warranty in a case unaffected with fraud, can return the article, when there has been no stipulation to…
2Cited by5 opinions
- Baker v. KennettSupreme Court of Missouri · 1873
- Williams v. GraySupreme Court of Missouri · 1866
- Norman Lumber Co. v. Keystone Manufacturing Co.West Virginia Supreme Court · 1925
- Herrington v. Julius Seidel Lumber Co.Missouri Court of Appeals · 1922
- Syme-Eagle & Co. v. Joplin Grocer Co.Missouri Court of Appeals · 1921