Martin v. Maxwell
Missouri Court of Appeals
Appeal from the St. Louis Circuit Court.—Horner, J. The instructions asked at the close of plaintiff’s case, being in effect demurrers to the evidence, should have been given. Stamm v. Kuhlman, 1 Mo. App. 396, and cases there cited; Benjamin on Sales, 3ndEd., p. 504 (BooklY, Part II). Plaintiff with knowledge of defect had accepted the property and exercised acts of ownership.
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Appeal from the St. Louis Circuit Court.—Horner, J. The instructions asked at the close of plaintiff’s case, being in effect demurrers to the evidence, should have been given. Stamm v. Kuhlman, 1 Mo. App. 396, and cases there cited; Benjamin on Sales, 3ndEd., p. 504 (BooklY, Part II). Plaintiff with knowledge of defect had accepted the property and exercised acts of ownership. Story on Sales, sect. 159 (4th Ed.); Benjamin on Sales, pp. 114, 578 and 753. ■ It is not necessary, in order to constitute a warranty, that the v^ord “warranty” should be used. It is sufficient if the words used…
1Opinion of the CourtThompson, J.
This action was commenced before a justice of the peace for damages for a breach of warranty in the sale of *177a horse. It was appealed to the circuit coiirt and there tried anew before a jury, and the plaintiff had a verdict and judgment. The statement of claim contained averments appropriate to an action for damages for a deceit, as well as to an action for damages for a breach of warranty ; but at the trial the court ruled that the plaintiff could proceed only for a breach of warranty, and in the state of the record this ruling is not open to question. The damages claimed were one hundred and…
2Cases cited3 opinions
- Soper v. BreckenridgeSupreme Court of Missouri · 1835
- Stearns v. McCulloughSupreme Court of Missouri · 1853
- Ross v. BarkerSupreme Court of Missouri · 1860
3Cited by3 opinions
- Moore v. EmersonMissouri Court of Appeals · 1895
- Calhoun v. PauleMissouri Court of Appeals · 1887
- El Paso Milling Co. v. DavisMissouri Court of Appeals · 1916