Young v. Vannatta
Missouri Court of Appeals
Appeal from Jackson Circuit Court. — No». A. F. Evans, Judge. (1)Reliance upon an express warranty excludes an implied one. Consequently after suing in two counts, one on an express warranty and one on an implied warranty and then on closing his case in chief dismissing as to the count on the implied warranty, plaintiff cannot recover on such an implied warranty. 28 Amer. & Eng. Enc. of Law, p. 741; Norris v. Reinstedler, 90 Mo.
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Appeal from Jackson Circuit Court. — No». A. F. Evans, Judge. (1)Reliance upon an express warranty excludes an implied one. Consequently after suing in two counts, one on an express warranty and one on an implied warranty and then on closing his case in chief dismissing as to the count on the implied warranty, plaintiff cannot recover on such an implied warranty. 28 Amer. & Eng. Enc. of Law, p. 741; Norris v. Reinstedler, 90 Mo. App. 629. (2) However there is no implied warranty of health in the sale of any animal nor would there be of a bull that he was a good breeder or a sure server. In…
1Opinion of the CourtJohnson, J.
— Action upon an alleged warranty of a Hereford bull sold by defendant to plaintiff. The *556petition contained three counts, the causes of the action pleaded being founded respectively upon express warranty, implied warranty and false and fraudulent representations. At the trial the last two mentioned causes were voluntarily abandoned and the cause went to the jury upon the issue of an express warranty. Plaintiff recovered judgment and defendants appealed.
The contract between the parties involved in the controversy was made in the manner following: Plaintiff, a cattle breeder and raiser doing…
2Cases cited12 opinions
- J. I. Case Plow Works v. Niles & Scott Co.Wisconsin Supreme Court · 1895
- Trimble v. Kansas City, Pittsburg & Gulf RailroadSupreme Court of Missouri · 1904
- A. G. Danforth & Co. v. CrookshanksMissouri Court of Appeals · 1897
- Carter v. BlackSupreme Court of Missouri · 1870
- Lindsay v. DavisSupreme Court of Missouri · 1860
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3Cited by13 opinions
- Thomas v. Georgia Granite Co.Supreme Court of Georgia · 1913
- Turner v. Central Hardware Co.Supreme Court of Missouri · 1945
- Denver Horse Importing Co. v. SchaferSupreme Court of Colorado · 1914
- Laumeier v. DolphMissouri Court of Appeals · 1910
- Hanes v. Twin Gable Farm, Inc.Missouri Court of Appeals · 1986
8 more not listed; retrieve them via the Exa API.