Skeen v. Springfield Engine & Thresher Co.
Missouri Court of Appeals
Appeal from the Johnson Circuit Court. — Hon. C. W. Sloan, Judge. (1) The right of rescission is an exceptional right, and the rules governing it are construed strictly by the courts. Shultz v. Christman, 6 Mo. App. 330. (2) To entitle vendee to rescission, he must offer vendor all the options provided for in contract at one time, and leave vendor free to chose which he will elect to perform. Mfg. Co. '0.- Spitsnogle, 3 Iowa, 71; s. o. 6 N. W Rep. 71; Walls v. Gates, 6 Mo.
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Appeal from the Johnson Circuit Court. — Hon. C. W. Sloan, Judge. (1) The right of rescission is an exceptional right, and the rules governing it are construed strictly by the courts. Shultz v. Christman, 6 Mo. App. 330. (2) To entitle vendee to rescission, he must offer vendor all the options provided for in contract at one time, and leave vendor free to chose which he will elect to perform. Mfg. Co. '0.- Spitsnogle, 3 Iowa, 71; s. o. 6 N. W Rep. 71; Walls v. Gates, 6 Mo. App. 1, loc. cit. 5. (3) After breach of warranty, vendee may elect to affirm or rescind, but must elect at once and act…
1Opinion of the CourtSmith, P. J.
This case comes here by appeal from the circuit court of Johnson county, where the plaintiff had judgment.
The history of the case, as gleaned from the reoord, may be stated about as follows :
On June 7, 1884, plaintiff and one Fancher entered into a contract of purchase in writing, with the appellant, through the company’s local agents, W. H. and I. J. Bettes, at Holden, Missouri, by which they purchased of the appellant a steam-traction engine and separator. The contract contained a warranty as follows:
*491“The above machine to be warranted, with proper usage and management, to do as good work as…
2Cases cited15 opinions
- Bales v. PerrySupreme Court of Missouri · 1873
- Acton v. DooleySupreme Court of Missouri · 1881
- State ex rel. Wolff v. BerningSupreme Court of Missouri · 1881
- Dousman v. Wisconsin & Lake Superior Mining & Smelting Co.Wisconsin Supreme Court · 1876
- Gammon v. AbramsWisconsin Supreme Court · 1881
10 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- Manley v. Crescent Novelty Manufacturing Co.Missouri Court of Appeals · 1903
- Sloop v. Wabash RailroadMissouri Court of Appeals · 1902
- Keystone Implement Co. v. LeonardMissouri Court of Appeals · 1890
- Skeen v. Springfield Engine & Thresher Co.Missouri Court of Appeals · 1890
- Turner v. SnyderMissouri Court of Appeals · 1909
6 more not listed; retrieve them via the Exa API.