Childs v. Emerson
Missouri Court of Appeals
Appeal from Pike Circuit Court. — Now. David N. Eby,. Judge. (1) Appellant’s sole contention and only point made by him on which he relies for a reversal, is that there was no specific warranty in the sale of the jack. He cites no authority whatever in support of his contention. It has been repeatedly held that the word “warrant” need not be used.
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Appeal from Pike Circuit Court. — Now. David N. Eby,. Judge. (1) Appellant’s sole contention and only point made by him on which he relies for a reversal, is that there was no specific warranty in the sale of the jack. He cites no authority whatever in support of his contention. It has been repeatedly held that the word “warrant” need not be used. In the case at bar, it was sufficient, if the language used by appellant imported an undertaking on his part that the jack was what he represented it to be, or an equivalent to such undertaking. Carter v. Black, 46 Mo. 384; Anthony v. Potts, 63 Mo.…
1Opinion of the CourtNortoni, J.
(after stating the facts.) — The instructions given by the learned trial court are not criticised on this appeal. The only argument advanced in this-court for a reversal of the judgment is that the court refused a peremptory instruction to the effect that there was no evidence of a warranty in the case on which respondent could recover. This argument is no doubt predicated upon the theory that the letter of appellant did not contain express words of warranty. It is well settled that the word “warranty” is not essential, nor is any other particular phraseology necessary to constitute a…
2Cases cited6 opinions
- Long Bros. v. J. K. Armsby Co.Missouri Court of Appeals · 1891
- Graff v. FosterSupreme Court of Missouri · 1878
- Carter v. BlackSupreme Court of Missouri · 1870
- Voss v. McGuireMissouri Court of Appeals · 1885
- Anthony v. PottsMissouri Court of Appeals · 1895
1 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- Laumeier v. DolphMissouri Court of Appeals · 1910
- Wertheimer-Swarts Shoe Co. v. McDonaldMissouri Court of Appeals · 1909
- Griffin v. McDonaldMissouri Court of Appeals · 1912