D. June & Co. v. J. V. Falkinburg
Missouri Court of Appeals
Appeal from Scotland Circuit Court. — Eon. Ec¡,wvn R. Mc-ATee, Judge. STATEMENT OF THE CASE. The suit is on two promissory notes for $166.65 each, payable to plaintiffs, made by defendant J. V. Falkinburg, • and indorsed by ■ Weber & Snuffling. The answer of Ealkinburg admitted the execution of the notes, alleged they were given as the purchase price of an upright portable engine and that for reasons alleged the consideration had failed.
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Appeal from Scotland Circuit Court. — Eon. Ec¡,wvn R. Mc-ATee, Judge. STATEMENT OF THE CASE. The suit is on two promissory notes for $166.65 each, payable to plaintiffs, made by defendant J. V. Falkinburg, • and indorsed by ■ Weber & Snuffling. The answer of Ealkinburg admitted the execution of the notes, alleged they were given as the purchase price of an upright portable engine and that for reasons alleged the consideration had failed. The new matter set forth in the answer was put in issue by a reply. The issues were submitted to a jury who returned a verdict for defendant. Plaintiff…
1Opinion of the CourtBland, P. J.
We think it is clear from the evidence, that Ealkinburg refused to accept the engine under his order of January 30, and that a new contract was made in May fol*571lowing, and that his right to make the defense he set np must be governed by the latter agreement. Under this agreement the appellant expressly warranted the engine to be a sixteen-horsepower one, but Ealkinburg testified that he knew it was not a sixteen-horsepower engine and it is contended by appellants, because he knew this fact he can not rely upon the warranty to make good that'which he knew did not exist. A warranty will not, as…
2Cases cited7 opinions
- Brown v. WeldonSupreme Court of Missouri · 1889
- St. Louis Brewing Ass'n v. McEnroeMissouri Court of Appeals · 1899
- Compton v. ParsonsSupreme Court of Missouri · 1882
- Thompson v. BottsSupreme Court of Missouri · 1844
- Aultman, Miller & Co. v. HunterMissouri Court of Appeals · 1900
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3Cited by4 opinions
- Acme Harvesting Machine Co. v. GaspersonMissouri Court of Appeals · 1913
- Dale v. Pierson-Brewen Commission Co.Missouri Court of Appeals · 1912
- Jasper County Bank v. BartsMissouri Court of Appeals · 1908
- Alabama Steel & Wire Co. v. SymonsMissouri Court of Appeals · 1904