McManus v. Watkins
Missouri Court of Appeals
Appeal from the Gentry Circuit Court. — Hon. A. At. Woodson, Judge, (1) “The mere failure of a party to a contract, who labors under no disability or infirmity, through his own fault and neglect, to read it or inform himself as to its contents, is not sufficient to annul or overcome its legal effect as to him.”
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Appeal from the Gentry Circuit Court. — Hon. A. At. Woodson, Judge, (1) “The mere failure of a party to a contract, who labors under no disability or infirmity, through his own fault and neglect, to read it or inform himself as to its contents, is not sufficient to annul or overcome its legal effect as to him.” Gwin v. Waggoner, 98 Mo. 315; Black River Lumber Co. v. Warner, 93 Mo. 374; LLuse v. McQuade, 52 Mo. 388; Johnson Cou/nty v. Wood, 84 Mo. 489; Clark v. Diffenderfer, 31 Mo. App. 232; John T. Hair S Co. v. Walmsley, 32 Mo. App. 115; Reed v. Nicholson, 37 Mo. App. 646. (2) Plaintiff’s…
1Opinion of the CourtEllison, J.
Plaintiff seeks to recover the amount of a note given by defendant to plaintiff as a part of the purchase price of a twine binder. Defendant defends on the ground that the binder was warranted to do good work and that it failed to do so and that defendant returned it to plaintiff. There was a judgment for defendant and plaintiff comes here.
We are precluded from giving attention to much of the brief and argument of plaintiff aimed at alleged errors in the trial below, for the reason that plaintiff failed to refer to such errors in his motion for a new trial. The motion for new trial complains…
2Cited by2 opinions
- W. W. Judy & Company's Surviving Partner v. St. Louis Ice Manufacturing & Storage Co.Missouri Court of Appeals · 1894
- Midland Elevator Co. v. Cleary & HamiltonMissouri Court of Appeals · 1898