Moore v. Koger
Missouri Court of Appeals
Appeal from Daviess Circuit Court. — Eon. J. W. Alexander, Judge. (1) Where on sale of chattels there is an inspection or a reasonable opportunity to inspect, the doctrine of caveat emptor applies and the purchaser takes at his own risk. Lord v. Grown, 39 Pa. St. 88; Gardner v. Winter & Go.
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Appeal from Daviess Circuit Court. — Eon. J. W. Alexander, Judge. (1) Where on sale of chattels there is an inspection or a reasonable opportunity to inspect, the doctrine of caveat emptor applies and the purchaser takes at his own risk. Lord v. Grown, 39 Pa. St. 88; Gardner v. Winter & Go. (Ky.), 78 S. W. 143; Humphreys v. Combine (Ind.), 8 Blacks 516; James v. Murray (Ky.), 3 T. B. Mon., 83; Hansaw v. Hartse, 70' Minn. 282; Goklrich v. Ryan (N. Y.),3E. D. Smith 324; Moore v. McKinley & Garrick, 5 Cal. 471; Hyland y. Sherman (N. Y.), 2 E. D. Smith 234; Howard v. Emerson, 110 Mass. 320;…
1Opinion of the CourtJohnson, J.
— Action for damages arising from breach of warranty made with respect to the quality of certain millet seed sold by defendant to plaintiff. The trial resulted in judgment for plaintiff. The petition contained three counts. In the first, the cause of action pleaded was based upon a contract of warranty; in the second, upon fraud and deceit; in the third, damages were sought to be recovered because of defendant’s failure to perform his agreement to clean the seed before delivery. During the trial plaintiff voluntarily dismissed the second count. The verdict was in his favor upon both of the…
2Cases cited10 opinions
- Brown v. WeldonMissouri Court of Appeals · 1887
- Comings v. LeedySupreme Court of Missouri · 1893
- St. Louis Brewing Ass'n v. McEnroeMissouri Court of Appeals · 1899
- Carter v. BlackSupreme Court of Missouri · 1870
- Thompson v. BottsSupreme Court of Missouri · 1844
5 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- Hill v. DillonMissouri Court of Appeals · 1913
- McIntyre v. Kansas City Coca Cola Bottling Co.District Court, W.D. Missouri · 1949
- Rhynas v. KeckSupreme Court of Iowa · 1917
- Baumgartner v. GlesenerSupreme Court of Minnesota · 1927
- Cline v. MockMissouri Court of Appeals · 1910
6 more not listed; retrieve them via the Exa API.