Wilt v. Coughlin
Missouri Court of Appeals
Appeal from Greene County Circuit Court:—Hon. Guy D. Kirby, Judge. (1) Defendant was not required to place the yard in a condition of safety for horses. Marchek v. Klute, 133 Mo. App. 280, 290; Korack v. Loeffel, 168 Mo. App. 421; Glaser v. Rothchild, 106 Mo. App. 418. (2) In the absence of an express warranty that the desired premises are in good repair or fit for a particular, use, the law does not imply such a warranty. Burns v. Fuchs, 28 Mo.
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Appeal from Greene County Circuit Court:—Hon. Guy D. Kirby, Judge. (1) Defendant was not required to place the yard in a condition of safety for horses. Marchek v. Klute, 133 Mo. App. 280, 290; Korack v. Loeffel, 168 Mo. App. 421; Glaser v. Rothchild, 106 Mo. App. 418. (2) In the absence of an express warranty that the desired premises are in good repair or fit for a particular, use, the law does not imply such a warranty. Burns v. Fuchs, 28 Mo. App. 279, 281; Ward v. Fagan, 28 Mo. App. 116, 119; Doyle v. Railroad, 147 U. S. 413, 429; Doyle v. Railroad, 147 U. S. 413, 424.
1Opinion of the CourtFarrington, J.
This action was instituted in a justice’s court, where the plaintiff prevailed. On trial anew in the circuit court the defendant was given the verdict. Plaintiff, however, was successful in having his motion for a new trial sustained and in obtaining an order setting aside the judgment which had been rendered on the verdict. The appeal by defendant is from the refusal of the trial court to set aside its order granting a new trial.
The reason specified by the trial judge for granting plaintiff a new trial was that the verdict was against tire instructions of the court. and the weight of the…
2Cases cited14 opinions
- Fuchs v. City of St. LouisSupreme Court of Missouri · 1902
- Overholt v. ViethsSupreme Court of Missouri · 1887
- Witte v. StifelSupreme Court of Missouri · 1895
- Teis v. Smuggler Mining Co.Court of Appeals for the Eighth Circuit · 1907
- Hughes v. Hannibal & St. Jo. R. R.Supreme Court of Missouri · 1877
9 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- Johnson v. Ambursen Hydraulic Construction Co.Missouri Court of Appeals · 1915
- Blackburn v. Southwest Missouri RailroadMissouri Court of Appeals · 1914
- McCray v. Missouri-Kansas & Texas RailroadSupreme Court of Missouri · 1928
- Gillespie v. Wheatland Industrial Co.Wyoming Supreme Court · 1914
- Starkey v. City of GreenVilleMissouri Court of Appeals · 1915
2 more not listed; retrieve them via the Exa API.