Johnson v. Whitman Agricultural Co.
Missouri Court of Appeals
Appeal from the St. Louis Circuit Court, George -W. Lubke, Judge. Where the property in specific chattels sold has passed unconditionally to the buyer, the law gives no right to rescind the contract in the absence of an express stipulation to-that effect. Walls v. Gates, 4 Mo. App. 4; Story, Sales, sect. 421;;Sedg., Dam. (7 Ed.) 605; Benj., Sales (1 Am.
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Appeal from the St. Louis Circuit Court, George -W. Lubke, Judge. Where the property in specific chattels sold has passed unconditionally to the buyer, the law gives no right to rescind the contract in the absence of an express stipulation to-that effect. Walls v. Gates, 4 Mo. App. 4; Story, Sales, sect. 421;;Sedg., Dam. (7 Ed.) 605; Benj., Sales (1 Am. Ed.) sect. 888, and cases cited; 5 Wait, Act. and Del 610. The court, at the instance of the plaintiffs, gave erroneous instructions to the jury in regard to the law applicable to the case, and particularly in regard to the measure of damages.…
1Opinion of the CourtThompson, J.
The ^petition contains two counts. The first states in substance that the plaintiffs purchased of the defendant, on the twenty-first of December, 1883, a hay press on the faith of a written warranty given by the defendant; that the plaintiffs paid to the defendant one hundred and eighty dollars on account of the purchase price of it; that it did not comply with the warranty; that the plaintiffs for this reason tendered it back to the defendant on the eighth day of March, 1884, wherefore the plaintiffs ask judgment for the sum of one hundred and eighty dollars so paid, with interest and costs.…
2Cases cited1 opinion
- Branson v. TurnerSupreme Court of Missouri · 1883
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