Miles v. Withers
Missouri Court of Appeals
Appeal from the Lafayette Circuit Court. — Hon. Richard Field, Judge. (1) The written order of guarantee therein referred to and made a part thereof is essentially “a conditional warranty,” and the return of the same by defendant to said buggy company was and is a “condition precedent,” to be performed by defendant before any liability whatever attaches to said buggy company, or plaintiffs, as its assignees.
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Appeal from the Lafayette Circuit Court. — Hon. Richard Field, Judge. (1) The written order of guarantee therein referred to and made a part thereof is essentially “a conditional warranty,” and the return of the same by defendant to said buggy company was and is a “condition precedent,” to be performed by defendant before any liability whatever attaches to said buggy company, or plaintiffs, as its assignees. Nichols, Shepard & Co. v. Larkin, 79 Mo. 264, 265; and see cases cited on page 271, Jbicl. The proper measure of damages in this caseto plaintiffs is the “contract price,” and not the…
1Opinion of the CourtEllison, J.
Plaintiffs are the assignees of the Columbus Buggy Company and brought this action to recover balance alleged to be due from defendants on the sale of a surrey and harness to him by said company made before the assignment. The judgment in the trial court was for defendant.
statement. There was no dispute between the parties over the harness, but as to the surrey, the defendant claimed it was not such a surrey as he purchased. That it had various important defects which impaired its value to a very material extent. The defendant did not rescind the contract of purchase, but kept and used the…
2Cases cited9 opinions
- Brown v. WeldonSupreme Court of Missouri · 1889
- Nichols, Shepherd & Co. v. LarkinSupreme Court of Missouri · 1883
- Brown v. WeldonMissouri Court of Appeals · 1887
- Barnard v. National Fire InsuranceMissouri Court of Appeals · 1889
- J. E. Hayner & Co. v. ChurchillMissouri Court of Appeals · 1888
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3Cited by7 opinions
- Jasper County Bank v. BartsMissouri Court of Appeals · 1908
- Reed v. City of MexicoMissouri Court of Appeals · 1903
- D. June & Co. v. J. V. FalkinburgMissouri Court of Appeals · 1901
- Alabama Steel & Wire Co. v. SymonsMissouri Court of Appeals · 1904
- Broderick v. AndrewsMissouri Court of Appeals · 1908
2 more not listed; retrieve them via the Exa API.