Parker v. Marquis
Supreme Court of Missouri
Appeal from Jasper County Common Pleas Court. I. The first count setting up a counter-claim in the answer is fatally defective in not averring an offer to return the property on discovery of the fraud. (1 Chit. Cont. [5 éd.], p. 658 ; Stearns vs. McCulloch, 18 Mo. 411; Johnson vs. Meyer’s Ex’r, 34 Mo. 255.) It is also defective in that it does not allege that tbe disease was not perceptible on tbe sheep. (Stewart vs. Dugan, 4 Mo. 245 ; Benj. Sales, 457.) II.
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Appeal from Jasper County Common Pleas Court. I. The first count setting up a counter-claim in the answer is fatally defective in not averring an offer to return the property on discovery of the fraud. (1 Chit. Cont. [5 éd.], p. 658 ; Stearns vs. McCulloch, 18 Mo. 411; Johnson vs. Meyer’s Ex’r, 34 Mo. 255.) It is also defective in that it does not allege that tbe disease was not perceptible on tbe sheep. (Stewart vs. Dugan, 4 Mo. 245 ; Benj. Sales, 457.) II. The second counter-claim is defective in that it does not state that tbe defendant relied on tbe representations made .by tbe plaintiff.…
1Opinion of the CourtNorton, Judge
Plaintiff’s action is founded on a written contract in which plaintiff agreed “to furnish defendant with 1134 sheep for one year in good fix,” and to bear half the loss of said sheep from *40death.; the defendant on his part agreeing to take, feed, and care for said sheep for one year, and bear half the loss of the sheep, and to have for his paj one-half the wool and one-half the lambs.
In his petition-plaintiff alleged that defendant at the end of the year did not return to him 1184 sheep received by him under the contract, but only returned seven hundred; that defendant did not return to him…
2Cases cited3 opinions
- Whitney v. AllaireNew York Supreme Court · 1847
- Peers v. Davis' AdministratorsSupreme Court of Missouri · 1859
- Jolliffe v. CollinsSupreme Court of Missouri · 1855
3Cited by28 opinions
- Jones v. GeorgeTexas Supreme Court · 1884
- May v. . LoomisSupreme Court of North Carolina · 1905
- Nysewander v. LowmanIndiana Supreme Court · 1890
- Johnson v. CulverIndiana Supreme Court · 1888
- Kingman & Co. v. StoddardCourt of Appeals for the Seventh Circuit · 1898
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