Munford & Co. v. Kevil & Sons
Court of Appeals of Kentucky
Case 37 — Action fob Breach of Contbact APPEAL FROM CALDWELL CIRCUIT COURT. Judgment fob Defendants and Plaintiffs Appeal. CLASSIFICATION OF POINTS AND AUTHORITIES. 1. The sale of the wheat by description, as No. 2 red wheat, paid for without an opportunity to inspect, relying upon the vendor’s knowledge and opportunity to know the quality of wheat sold, constitutes a warranty. Am. & Eng.
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Case 37 — Action fob Breach of Contbact APPEAL FROM CALDWELL CIRCUIT COURT. Judgment fob Defendants and Plaintiffs Appeal. CLASSIFICATION OF POINTS AND AUTHORITIES. 1. The sale of the wheat by description, as No. 2 red wheat, paid for without an opportunity to inspect, relying upon the vendor’s knowledge and opportunity to know the quality of wheat sold, constitutes a warranty. Am. & Eng. Ency. of Law, vol. 28, 763, 776; Baird, Miller & Baldwin v. Mathews, 6 Dana, 135; McClintock Y. Emmack, Stoner & Co., 87 Ky., 160; Chicago Packing & Provision Co. v. Tilton, 87 Ill., 547; Brigg v. Hilton, 99…
1Opinion of the Court
Opinion op tiib Court by
JUDGE PAYNTER
Reversing.
Tjhe appellants live in and are engaged .in business in, Chicago, and the appellees' live in, and are doing business at, Princeton, Ky. On May 3, 1898, the appellees, Kevil .& Sons, sent appellants, Munford & Co., a telegram as follows; “.Make offer one oar number two wheat f. o. b. track Chicago.” On the same day the appellants responded in a telegram as follows: “Rid dollar nineteen track Chicago two red — prompt shipment.” The appellees responded by telegram as follows: “Accept- your offer on one. car two red.” On May 5, 1898, the appellants…
2Cases cited2 opinions
- Jones Bros. v. McEwanCourt of Appeals of Kentucky · 1891
- Baird, Miller & Baldwin v. MatthewsCourt of Appeals of Kentucky · 1838
3Cited by5 opinions
- Young v. WallaceCourt of Appeals of Kentucky · 1923
- Sussman v. Mitsui & Co.Washington Supreme Court · 1921
- James Grocery Co. v. Walter O. Birk Candy Co.Court of Appeals of Kentucky (pre-1976) · 1928
- Baskerville v. JohnsonSouth Dakota Supreme Court · 1905
- Central States Canning Co. v. Royal Packing Co.Indiana Court of Appeals · 1921