Galbreath v. Carnes
Missouri Court of Appeals
Appeal from Daviess Circuit- Court. — Hon. E. J. Broaddus, Judge. (1) The court should have given defendant’s refused' instructions numbered 1, 2, 3, 4 and 6, as submitting defendants’ theory of the case to the jury, i. e., that there was no warranty and that nothing more than a mere expression of opinion was intended or is shown by the testimony. May v. Crawford, 150 Mo. 504; Anthony v. Potts, 63 Mo. App. 517; Ransberger v. Ing, 55 Mo.
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Appeal from Daviess Circuit- Court. — Hon. E. J. Broaddus, Judge. (1) The court should have given defendant’s refused' instructions numbered 1, 2, 3, 4 and 6, as submitting defendants’ theory of the case to the jury, i. e., that there was no warranty and that nothing more than a mere expression of opinion was intended or is shown by the testimony. May v. Crawford, 150 Mo. 504; Anthony v. Potts, 63 Mo. App. 517; Ransberger v. Ing, 55 Mo. App. 621; Anderson v. McPike, 86 Mo. 293; Matlock v. Meyers, 64 Mo. 531; Soper v. Breekenridge, 4 Mo. 14; 2 Benjamin on Sales (4 Am. Ed.), 812, sec. 932;…
1Opinion of the CourtEllison, J.
— This action is based on an alleged warranty of soundness of a lot of hogs sold by defendants to plaintiff. The judgment was for plaintiff in the trial court.
There was evidence tending to show that defendants warranted the hogs to be sound, whereas, they were infected with cholera, from which many of them afterwards died. On the other hand, there was evidence on the part of defendants tending to show that no warranty was made or intended; and furthermore, that no warranty was ashed by plaintiff or relied upon by him. In such state of the evidence defendants asked, and the court refused to…
2Cases cited5 opinions
- Anderson v. McPikeSupreme Court of Missouri · 1885
- Carter v. BlackSupreme Court of Missouri · 1870
- Anthony v. PottsMissouri Court of Appeals · 1895
- Matlock v. MeyersSupreme Court of Missouri · 1877
- Bates County Bank v. AndersonMissouri Court of Appeals · 1900
3Cited by9 opinions
- Turner v. Central Hardware Co.Supreme Court of Missouri · 1945
- Young v. VannattaMissouri Court of Appeals · 1905
- Faust v. KoersMissouri Court of Appeals · 1905
- Neil v. Cunningham Store Co.Missouri Court of Appeals · 1910
- Austin v. St. Louis Transit Co.Missouri Court of Appeals · 1905
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