Craycroft v. W. G. Walker & Co.
Missouri Court of Appeals
Appeal from Barton Circuit Court, Hon. Charles Gr. BurtoN, Judge. Statement of case by tbe court. This is an action, begun by attachment, for a breach of warranty in the sale of a printing press, known as the “ Prouty Power Press,” sold by the defendants to the-plaintiff. The alleged guaranty and contract of sale areas follows: “Guaranty and contract for sale and purchase of a No. “ 3 Prouty Power Press.
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Appeal from Barton Circuit Court, Hon. Charles Gr. BurtoN, Judge. Statement of case by tbe court. This is an action, begun by attachment, for a breach of warranty in the sale of a printing press, known as the “ Prouty Power Press,” sold by the defendants to the-plaintiff. The alleged guaranty and contract of sale areas follows: “Guaranty and contract for sale and purchase of a No. “ 3 Prouty Power Press. “Madisow, Wis., 188 . “W. G. Walker & Co. do hereby agree to furnish W. T. Craycroft a No. 3 Prouty Power Press, on, or before ., 188.., and we guarantee the same as follows: ‘ Said press…
1Opinion of the CourtPhilips, P. J.
I. The first question for determination on this record is, was the guaranty on the part of the defendants properly admitted in evidence % It is true that this paper does not appear to be signed at the bottom of the vendors’ guaranty, as it should have been signed if it were a separate paper or instrument. But we take it, from the abstract of the record furnished by the appellants, that this guaranty, and the subjoined stipulation, or agreements, on the part of the vendee, were printed or written on the same piece, or continuous pages, of paper. The contrary fact not appearing in evidence; the…
2Cases cited6 opinions
- Nichols, Shepherd & Co. v. LarkinSupreme Court of Missouri · 1883
- Wellman v. Dismukes & GlascockSupreme Court of Missouri · 1867
- Missouri Pacific Railway Co. v. LevyMissouri Court of Appeals · 1885
- Hoffman v. ParryMissouri Court of Appeals · 1886
- Holton v. KempSupreme Court of Missouri · 1884
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