Ferguson Implement Co. v. Parmer
Missouri Court of Appeals
Appeal from Boone Circuit Court. — Hon. Alexander H. Waller, Judge. An instruction ignoring a portion of the case or which takes from the jury the principal issue in the case is erroneous. Turner v. Loler, 34 M'o. 461; Greer v. Parker, 85 Mo. 107; Bank v. Metcalf, 29 Mo. App, 395. (1) In the sale of personal property there is an implied warranty that it is reasonably suitable for the use and purpose for which it is sold and purchased. Birdsell Co. v. Keys, 99 Mo.
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Appeal from Boone Circuit Court. — Hon. Alexander H. Waller, Judge. An instruction ignoring a portion of the case or which takes from the jury the principal issue in the case is erroneous. Turner v. Loler, 34 M'o. 461; Greer v. Parker, 85 Mo. 107; Bank v. Metcalf, 29 Mo. App, 395. (1) In the sale of personal property there is an implied warranty that it is reasonably suitable for the use and purpose for which it is sold and purchased. Birdsell Co. v. Keys, 99 Mo. App. 458; Brown v. Weldon, 27 Mo. App. 268; Comings v. Leedy, 114 Mo. 478; Brewing Co. v. McEnroe, 80 M'o. App. 429. (1) The…
1Opinion of the CourtBroaddus, P. J.
This is a suit to enforce the collection of two promissory notes for $80 each executed by the defendant on July 20, 1903, and made payable to the plaintiff. They Avere due respectively September 1, 1903, and September 1, 1904, each bearing eight per cent interest from date, and given as a consideration for AAdiat was called a Monarch, Feeder, used in connection Avith threshing machine.
The defense is that the feeder was Avhollv unfit for the purpose for which it Avas intended. The only witness Avho testified on the part of the defendant Avas himself. He stated that soon after he bought the…
2Cases cited2 opinions
- Brown v. WeldonSupreme Court of Missouri · 1889
- Alabama Steel & Wire Co. v. SymonsMissouri Court of Appeals · 1904
3Cited by8 opinions
- Hays Ex Rel. Hays v. Western Auto Supply Co.Supreme Court of Missouri · 1966
- Laumeier v. DolphMissouri Court of Appeals · 1910
- Progressive Finance and Realty Co. v. StempelMissouri Court of Appeals · 1936
- Columbia Weighing MacHine Co. v. YoungMissouri Court of Appeals · 1928
- Heuer v. UlmerMissouri Court of Appeals · 1955
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