McCormick v. Finch
Missouri Court of Appeals
Appeal from Vernon Circnit Court. — Hon. II. G. Timmonds, Judge. (1) The provisions of the contract of warranty in the contract of sale did not mean that the machine in controversy had to be satisfactory to the defendant; it simply meant that the same should work satisfactorily to a reasonable and fair-minded man. Metal Co. v. Best, 14 Mo.
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Appeal from Vernon Circnit Court. — Hon. II. G. Timmonds, Judge. (1) The provisions of the contract of warranty in the contract of sale did not mean that the machine in controversy had to be satisfactory to the defendant; it simply meant that the same should work satisfactorily to a reasonable and fair-minded man. Metal Co. v. Best, 14 Mo. App. 502; Clark v. Rice, 9 N. W. 427. (2) The law is well settled in this State that where a party rescinds a contract, or is a vendee in a conditional sale, where by the terms of the contract he agrees to return the article to the vendor, an unconditional…
1Opinion of the CourtSmith, P. J.
The defendant purchased, of the McCormick Harvesting Machine Company a corn-hinder for which he executed to the latter the three promissory notes sued on, and of which plaintiff has become the owner by assignment. Such latter, the machine company, at the time of the sale and purchase, entered into a contract with defendant to the effect that: “ ■ . . . If machine gives satisfaction, and if not will not take it. . . . This machine is warranted to be well made, of good material, and durable with proper care. If upon one day’s trial the machine should not work well, the purchaser shall give…
2Cases cited16 opinions
- Brown v. FosterMassachusetts Supreme Judicial Court · 1873
- Zaleski v. ClarkSupreme Court of Connecticut · 1876
- Walter A. Wood Reaping & Mowing Machine Co. v. SmithMichigan Supreme Court · 1883
- Gibson v. CranageMichigan Supreme Court · 1878
- Daggett & Graves v. JohnsonSupreme Court of Vermont · 1877
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3Cited by5 opinions
- Fairbanks v. . Supply Co.Supreme Court of North Carolina · 1915
- Fairbanks, Morse & Co. v. Twin City Supply Co.Supreme Court of North Carolina · 1915
- Walker v. Grout Bros. Automobile Co.Missouri Court of Appeals · 1907
- Compton v. ConradMissouri Court of Appeals · 1919
- J. George Leyner Engineering Works Co. v. Brass Ring Co.Missouri Court of Appeals · 1906