Kingman & Co. v. Schulenberger
Missouri Court of Appeals
Appeal from the Bates Circuit Cou/rt. — Hon. James H. Lay, Judge. (1) In the sale of the machinery in this case for which the notes in suit were given there was an express conditional warranty as to the capacity, goodness of the material, etc., and the defendant is confined to the condition attached in the written contract. Machine. Co. v. Bobbst, 56 Mo. App. 427; Boyer v. Neel, 50 Mo. App. 26; Kingsland <& Douglass Co. v. Board Bros., 60 Mo.
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Appeal from the Bates Circuit Cou/rt. — Hon. James H. Lay, Judge. (1) In the sale of the machinery in this case for which the notes in suit were given there was an express conditional warranty as to the capacity, goodness of the material, etc., and the defendant is confined to the condition attached in the written contract. Machine. Co. v. Bobbst, 56 Mo. App. 427; Boyer v. Neel, 50 Mo. App. 26; Kingsland <& Douglass Co. v. Board Bros., 60 Mo. App. 662. (2) An attempt by the seller to remedy defects in machinery after the expiration of a stipulated time for notice of such defects to be given…
1Opinion of the CourtGill, J.
This is a suit on three promissory notes, each for $444, executed by defendant to plaintiff, in July, 1892, and due, respectively, January 1,1893, January 1, 1894, and January 1, 1895. The notes were given for the purchase price of a steam threshing outfit, including engine, boiler, tanks, separator, etc. The defense was that the machine did not comply with the warranty as to quality, capacity to do good work, etc. A trial by jury resulted in a verdict and judgment for defendant and plaintiff appealed.
I. After a careful investigation -of this record and the law applicable thereto, we have…
2Cases cited1 opinion
- Nichols, Shepherd & Co. v. LarkinSupreme Court of Missouri · 1883
3Cited by5 opinions
- Gaar-Scott & Co. v. NelsonMissouri Court of Appeals · 1912
- Acme Harvesting Machine Co. v. GaspersonMissouri Court of Appeals · 1913
- D. M. Osborne & Co. v. HenryMissouri Court of Appeals · 1897
- Osborne v. MullikinMissouri Court of Appeals · 1901
- McCormick Harvesting Machine Co. v. MackeyMissouri Court of Appeals · 1903