Connelly v. Parrish
Missouri Court of Appeals
Appeal from Cass Circuit Court. — Ho». A. A. Whitsett, Judge. (1) The petition fails to state a cause of action in this: That it fails to allege that the defendant relied upon the warranty and was deceived thereby. Carter et al. v. Black, 46 Mo. 384; Doyle v. Parish, 110 Mo.
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Appeal from Cass Circuit Court. — Ho». A. A. Whitsett, Judge. (1) The petition fails to state a cause of action in this: That it fails to allege that the defendant relied upon the warranty and was deceived thereby. Carter et al. v. Black, 46 Mo. 384; Doyle v. Parish, 110 Mo. App. 4.70. (2) In 19 Encyclopedia of Pleading and Practice, pages 102 and 103, it is said: “In an action for breach of warranty the plaintiff must allege that he relied upon the warranty and was thereby deceived. ’ ’ Moore v. Rubber Co., 137 Mo. App. 681. (3) Pacts not pleaded are not admissible. Charles Bird v. Joseph…
1Opinion of the CourtEllison, P. J.
This action is for damages founded on a warranty of the soundness of two mules purchased by plaintiff of defendant. The action was begun before a justice of the peace. It was appealed to the circuit court where plaintiff recovered judgment.
It appeared that defendant had a public sale at which he sold a number of mules besides the two purchased by plaintiff. There was evidence tending to show that the mules were sold on a cloudy day. That on account of the number of mules crowded into a narrow shed, with their heads toward the buyers, it was difficult to see whether there were any blemishes on…
2Cases cited11 opinions
- Butts v. PhelpsSupreme Court of Missouri · 1883
- Powell v. ChittickSupreme Court of Iowa · 1893
- Razor v. St. Louis, Iron Mountain & Southern Railway Co.Supreme Court of Missouri · 1881
- Hall v. St. Louis & Suburban Railway Co.Missouri Court of Appeals · 1907
- Lyman v. DaleSupreme Court of Missouri · 1914
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3Cited by4 opinions
- Turner v. Central Hardware Co.Supreme Court of Missouri · 1945
- State Ex Rel. National Council of Knights & Ladies of Security v. AllenSupreme Court of Missouri · 1925
- Steinbruegge v. Prudential Insurance Co. of AmericaMissouri Court of Appeals · 1917
- Garber v. SprayWyoming Supreme Court · 1917