Miners Bank v. Burress
Missouri Court of Appeals
Appeal from Jasper Circuit Court. — Hon. Joseph D. Perhins, Judge. (1) There is no implied warranty in a sale of a note or chattel except the (a) vendor owns it, (h) the note is not a forgery, (c) when sold by sample that the hulk will equal the sample. In the sale of a machine for particular use or purpose that it is suited to the purpose for which sold. Otherwise caveat emptor is the rule. Norris v. Reinstedler, 90 Mo.
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Appeal from Jasper Circuit Court. — Hon. Joseph D. Perhins, Judge. (1) There is no implied warranty in a sale of a note or chattel except the (a) vendor owns it, (h) the note is not a forgery, (c) when sold by sample that the hulk will equal the sample. In the sale of a machine for particular use or purpose that it is suited to the purpose for which sold. Otherwise caveat emptor is the rule. Norris v. Reinstedler, 90 Mo. App. 629; Lindsey v. Davis, 30 Mo. 406; Machinery Co. v. Foundry Co., 131 Mo. App. 540; 10 Am. and Eng. Ency. Law, sec. 28, p. 127; Otis v. Cullum, 92 U. S. 447; Meyer v.…
1Opinion of the CourtNixon, P. J.
This was an action to recover the consideration paid for seven special taxbills issued to the appellant and assigned to the respondent. The taxbills were issued by the city of Joplin for paving with vitrified brick Wall street from the middle of Third street to the middle or center of Sixth street. *696The plaintiff recovered judgment for the full amount of the taxbills from -which the defendant has appealed.
The respondent is a corporation engaged in the banking business in the city of Joplin. It discounts special taxbills similar to the ones in controversy in this case. The appellant is and for…
2Cases cited1 opinion
- Burress v. SpringMissouri Court of Appeals · 1910
3Cited by6 opinions
- Estate of De Gheest v. Estate of De GheestSupreme Court of Missouri · 1951
- Friedman v. SchneiderMissouri Court of Appeals · 1945
- Bank of Commerce v. RuffinMissouri Court of Appeals · 1915
- Prince v. MathewsSupreme Court of South Carolina · 1931
- Sanford v. WellerCourt of Appeals of Texas · 1916
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