Acme Harvesting Machine Co. v. Gasperson
Missouri Court of Appeals
Appeal from Jasper Circuit Court, Division Number Two. — Hon. David E. Blair, Judge. 1. By terms of the written- contract and warranty between plaintiff and defendants-, it is shown that defendants purchased the machine in controversy with a special warranty, containing conditions precedent before any liability should attach to plaintiff on account thereof.
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Appeal from Jasper Circuit Court, Division Number Two. — Hon. David E. Blair, Judge. 1. By terms of the written- contract and warranty between plaintiff and defendants-, it is shown that defendants purchased the machine in controversy with a special warranty, containing conditions precedent before any liability should attach to plaintiff on account thereof. Defendants failed to comply with the- conditions of the contract and warranty, and kept and used the. machine after the time therein provided. This failure, by the terms of the contract, served as an agreement on defendants ’ part that the…
1Opinion of the CourtSturgis, J.
This is a suit on two promissory notes for $70 each, given by the defendants in payment of the purchase price of a binder purchased by them of plaintiff. The plaintiff failed to recover and brings the case here by appeal
The petition is in the usual form and the answer admits the.execution of the notes sued on. The answer is in two counts and as a defense the first count alleges that the notes were given in payment of a certain Acme Self-binding Harvester; that the harvester was bought for the purpose of cutting and binding grain; that defendants purchased the harvester upon a written and…
2Cases cited15 opinions
- Brown v. WeldonSupreme Court of Missouri · 1889
- Nichols, Shepherd & Co. v. LarkinSupreme Court of Missouri · 1883
- Nichols-Shepard Co. v. RhoadmanMissouri Court of Appeals · 1905
- Boyer v. NeelMissouri Court of Appeals · 1892
- New Birdsall Co. v. KeysMissouri Court of Appeals · 1903
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3Cited by12 opinions
- Hilton v. ThompsonSupreme Court of Missouri · 1950
- Dugan v. TroutMissouri Court of Appeals · 1954
- Fairbanks v. . Supply Co.Supreme Court of North Carolina · 1915
- Fairbanks, Morse & Co. v. Twin City Supply Co.Supreme Court of North Carolina · 1915
- Little v. WidenerMissouri Court of Appeals · 1930
7 more not listed; retrieve them via the Exa API.