International Pavement Co. v. Smith, Beggs & Ranken Machine Co.
Missouri Court of Appeals
Error to the St. Louis Circuit Court, Adams, J. Where the contract of sale is executory, and an immediate delivery, or inspection is not contemplated by the parties, there is an implied warranty on the part of the vendor that when delivered the article will be fit and suitable for the purpose for which it is sold. — Parsons’ Contracts, 7th ed. vol. 1, sect. 584, notes; Rodgers v. Niles, 11 Ohio 56; Chandler v. Lopus, Smith’s Leading Cases, vol. 1, pp. 340 and 314. • If he…
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Error to the St. Louis Circuit Court, Adams, J. Where the contract of sale is executory, and an immediate delivery, or inspection is not contemplated by the parties, there is an implied warranty on the part of the vendor that when delivered the article will be fit and suitable for the purpose for which it is sold. — Parsons’ Contracts, 7th ed. vol. 1, sect. 584, notes; Rodgers v. Niles, 11 Ohio 56; Chandler v. Lopus, Smith’s Leading Cases, vol. 1, pp. 340 and 314. • If he sells it for a particular purpose he undertakes that it shall be fit for that particular purpose. — Jones v. Bright, 5…
1Opinion of the CourtLewis, P. J.
The plaintiff sues for breach of warranty in a contract for the purchase of two steam boilers from the defendant. The contract sued upon is embodied in the following correspondence:
“The International Pavement Co., Office 71 Broadway, Boom 100.
Ne.w York;'August 26, 1881.
'' Messrs. Smith, Beggs & Ranken, St. Louis,—
Dear Sirs : Our Mr. Hungerford reports to me that, in reply to his letter of inquiry respecting engine and boilers, that you have such, but are second-hand. How long have such been in use ? Are they approximately as good as new? What is your'price, f. o. b.'for New Orleans ? What is…
2Cases cited1 opinion
- Whitaker v. McCormickMissouri Court of Appeals · 1878
3Cited by14 opinions
- Huston v. TylerSupreme Court of Missouri · 1897
- Reynolds v. General Electric Co.Court of Appeals for the Eighth Circuit · 1905
- Aultman, Miller & Co. v. HunterMissouri Court of Appeals · 1900
- Hunt v. SandersSupreme Court of Missouri · 1926
- Hurley-Mason Co. v. Stebbins, Walker & SpinningWashington Supreme Court · 1914
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