Marth v. Wiskerchen
Missouri Court of Appeals
Appeal from Lewis Circuit Court.- — Hon. Chas. D. Stewart, Judge. (1) The trial court -erred in sustaining defendant’s objection to the question put to plaintiff, on direct examination, as to whether he was acquainted with the -price of new engines, such as this engine, at Ewing, Missouri, in 1910. This being sold as a secondhand engine, the jury had a right to compare the price at which it was sold to defendant with the price of a new engine of the same kind, in passing…
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Appeal from Lewis Circuit Court.- — Hon. Chas. D. Stewart, Judge. (1) The trial court -erred in sustaining defendant’s objection to the question put to plaintiff, on direct examination, as to whether he was acquainted with the -price of new engines, such as this engine, at Ewing, Missouri, in 1910. This being sold as a secondhand engine, the jury had a right to compare the price at which it was sold to defendant with the price of a new engine of the same kind, in passing upon the understood character and standard of perfection of this engine and the question whether it reasonably complied…
1Opinion of the CourtAllen, J.
— This is an action to recover the purchase price of a traction engine alleged to have been sold and delivered by plaintiff to defendant. The cause originated before a justice of the peace, and found its way to the circuit court, where, upon a trial before the court and a jury, there was a verdict and judgment for defendant, and the plaintiff appealed.
On or about November 15,1910, plaintiff, who was a general agent for the Advance Threshing Company, and who was then at Ewing, Missouri, sold the engine in question to defendant for the sum of $150. It appears that a traveling salesman for…
2Cases cited9 opinions
- Kelly v. ThueySupreme Court of Missouri · 1898
- Koons v. St. Louis Car Co.Supreme Court of Missouri · 1907
- Long v. International Vending Machine Co.Missouri Court of Appeals · 1911
- McCormack Harvesting Machine Co. v. BlairMissouri Court of Appeals · 1910
- Barnes-Smith Mercantile Co. v. TateMissouri Court of Appeals · 1911
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3Cited by2 opinions
- Murphy v. HolliwayMissouri Court of Appeals · 1929
- Bank of Flat River v. WaltonMissouri Court of Appeals · 1915