Schell v. Stephens
Supreme Court of Missouri
Appeal from Kansas City Court of Common Pleas. I. The court erred in holding that the instrument offered in evidence was a contract of sale. It was merely a receipt, and was susceptible of explanation by parol testimony. (1 Greenl. Ev., § 305; 1 Phil.
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Appeal from Kansas City Court of Common Pleas. I. The court erred in holding that the instrument offered in evidence was a contract of sale. It was merely a receipt, and was susceptible of explanation by parol testimony. (1 Greenl. Ev., § 305; 1 Phil. Ev. 474-7; Weatherford v. Farrar, 18 Mo. 474.) H. If plaintiff knew that defendants were acting in the character of auctioneers or agents in the sale of the property, then defendants can only be held liable for the debt, default or miscarriage of another by some memorandum in writing charging them with such liability, and signed by themselves or…
1Opinion of the CourtBliss, Judge
The defendants were auctioneers in Kansas City, and sold at auction a span of horses, wagon and harness, which were bid in by .the plaintiff. The property turned out to have been stolen and was reclaimed. This suit was brought upon a warranty of title, the plaintiff claiming that defendants expressly warranted it to be good. The cause was submitted to the court upon conflicting testimony, and its finding must be sustained if founded upon correct declarations of law.
1. The second declaration is complained of, which was, in substance, that if defendants were in possession of the property and…
2Cases cited3 opinions
- Mills v. HuntNew York Supreme Court · 1838
- Sherwood v. . StoneNew York Court of Appeals · 1856
- Thompson v. McCulloughSupreme Court of Missouri · 1860
3Cited by12 opinions
- Universal C.I.T. Credit Corp. v. State Farm Mutual Automobile Insurance Co.Missouri Court of Appeals · 1973
- Jackson v. Farmers Union Livestock CommissionMissouri Court of Appeals · 1944
- Gessler v. WintonCourt of Appeals of Tennessee · 1940
- Pasley v. RoppMissouri Court of Appeals · 1960
- Ziegler v. FallonMissouri Court of Appeals · 1887
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