Griffin v. McDonald
Missouri Court of Appeals
Appeal from Polk Circuit Court. — Hon. C. H. Skinker, Judge. (1) In order that the defendant may be liable in any kind of action there must be either an express warranty ox fraud. Peers v. Davis Admr., 29' Mo. 184; Joliffs v. Collins, 21 Mo. 242; Tootle & Co. v. Lysaght' & Co., 65 Mo. App. 141; Brookings v. Shinn, 25 Mo. App. 277; Koontz v. Kaufman, 31 Mo. App. 397; Lindsay v. Davis, 30' Mo. App. 406; Grogan v. Darby, 135 Mo.
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Appeal from Polk Circuit Court. — Hon. C. H. Skinker, Judge. (1) In order that the defendant may be liable in any kind of action there must be either an express warranty ox fraud. Peers v. Davis Admr., 29' Mo. 184; Joliffs v. Collins, 21 Mo. 242; Tootle & Co. v. Lysaght' & Co., 65 Mo. App. 141; Brookings v. Shinn, 25 Mo. App. 277; Koontz v. Kaufman, 31 Mo. App. 397; Lindsay v. Davis, 30' Mo. App. 406; Grogan v. Darby, 135 Mo. App. 586. There was no pretense-that there was an express warranty or any language that could be tortured into an express warranty. (1) A judgment should not be reversed…
1Opinion of the CourtCox, J.
Action by replevin for possession of a horse. Trial by court, judgment for plaintiff and defendant has appealed.
Plaintiff and defendant exchanged horses. The horse traded by defendant to plaintiff was a stallion which defendant at the time understood plaintiff wanted to use in connection with a jack which he kept *87for breeding purposes. After the trade plaintiff discovered that this stallion was diseased and upon making that discovery tendered the stallion back to defendant and demanded the return of the horse he had traded to defendant, which was refused and this suit followed. •
There is but…
2Cases cited3 opinions
- Laumeier v. DolphMissouri Court of Appeals · 1910
- Faust v. KoersMissouri Court of Appeals · 1905
- Childs v. EmersonMissouri Court of Appeals · 1906