Shultis v. Rice
Missouri Court of Appeals
Appeal from Audrain Circuit Court. — No». Houston W. Johnson, Judge. Tbe court erred in giving plaintiff’s instruction No. 2, instructing tbe jury that if they found for tbe plaintiff to allow bim tbe value of tbe property alleged in bis petition as sold by defendant to bim, wbicb did not belong to defendant, and tbe costs of tbe suit paid by plaintiff together with tbe attorney fee in defense of tbe title to said property.
Read the full summary
Appeal from Audrain Circuit Court. — No». Houston W. Johnson, Judge. Tbe court erred in giving plaintiff’s instruction No. 2, instructing tbe jury that if they found for tbe plaintiff to allow bim tbe value of tbe property alleged in bis petition as sold by defendant to bim, wbicb did not belong to defendant, and tbe costs of tbe suit paid by plaintiff together with tbe attorney fee in defense of tbe title to said property. Tbe measure of damages for breach of a warranty of title to either real or personal property is universally held to be tbe purchase money paid with interest to wbicb may…
1Opinion of the CourtGoode, J.
In August, 1902, defendant Rice was conducting a hardware store in the town of Cambridge, Iowa. During that month he sold to plaintiff Shultis his stock of hardware and the furniture in the store where it was kept, consisting of shelving, counters, stepladder, showcase, lamps, a stove and perhaps other articles. No price was fixed on the different articles, which were sold for the round sum of $400. The building belonged to S. A. Rush, who subsequently, on Shultis attempting to move the stock and furniture to another room in the same town, asserted title to the shelving and a stepladder.…
2Cases cited15 opinions
- Kimball v. CunninghamMassachusetts Supreme Judicial Court · 1808
- Armstrong v. PercyNew York Supreme Court · 1830
- Hammond v. BeesonSupreme Court of Missouri · 1892
- Blasdale v. BabcockNew York Supreme Court · 1806
- Ranney v. MeisenheimerMissouri Court of Appeals · 1895
10 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- Roark v. PullamMissouri Court of Appeals · 1921