Sinnamon v. Moore
Missouri Court of Appeals
Appeal from Greene Circuit Court. — Row. Alfred Page, Judge. (1) The mare was bought for a specific purpose. If she was not capable either of work or of breeding, there was an entire failure of consideration and defendant was entitled to rescind. Birdsall Co. v. Keyes, 99 Mo. App. 45-8; Conings v. Leedy, 114 Mo. 478; Buss v. Glass Co., 123 S. W. 949 ; Moore v. Koger, 113 Mo.
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Appeal from Greene Circuit Court. — Row. Alfred Page, Judge. (1) The mare was bought for a specific purpose. If she was not capable either of work or of breeding, there was an entire failure of consideration and defendant was entitled to rescind. Birdsall Co. v. Keyes, 99 Mo. App. 45-8; Conings v. Leedy, 114 Mo. 478; Buss v. Glass Co., 123 S. W. 949 ; Moore v. Koger, 113 Mo. App. 423, 87 S. W. 604; Barr v. Baker, 9 Mo. 494; Brown v. Weldon, 9-9 Mo. 564; Young v. Yan N-atta, 113 Mo. App. 550‘, 85 S. W. 123; Faust v. Koers, 111 Mo. App. 560, 86 S. W. 278. (2) Sinnamon having expressly warranted…
1Opinion of the CourtNixon, P. J.
This action was commenced in a justice’s court wherein defendant prevailed and plaintiff appealed. On trial in the circuit court, the plaintiff obtained judgment, whereupon the defendant appealed. The suit was upon a promissory note exe*172cuted by the defendant to the plaintiff for the sum of $80, the balance of the purchase price of a certain mare sold by the plaintiff to the defendant, the price being $100 of which the defendant paid $20' at the time of the purchase. The defense was that at the time of the sale of the mare the plaintiff represented and warranted her to be bred and absolutely…
2Cases cited11 opinions
- Brown v. WeldonSupreme Court of Missouri · 1889
- Hart v. HandlinSupreme Court of Missouri · 1869
- Bambrick v. Bambrick Bros. Construction Co.Missouri Court of Appeals · 1910
- Manley v. Crescent Novelty Manufacturing Co.Missouri Court of Appeals · 1903
- Crenshaw v. LookerSupreme Court of Missouri · 1904
6 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Turner v. Central Hardware Co.Supreme Court of Missouri · 1945
- Birch Tree State Bank v. DowlerMissouri Court of Appeals · 1912
- Columbia Weighing MacHine Co. v. YoungMissouri Court of Appeals · 1928
- El Paso Milling Co. v. DavisMissouri Court of Appeals · 1916
- Small v. Polar Wave Ice & Fuel Co.Missouri Court of Appeals · 1913
4 more not listed; retrieve them via the Exa API.