D. M. Osborne & Co. v. Henry
Missouri Court of Appeals
Appeal from, the Harrison Circuit Court. — Hon. P. C. Stepp, Judge. (1) When parties have put their agreement in writing and set their hands thereto they are bound by the conditions therein expressed. Nicholas v. Larkin, 79 Mo. 264, 270; Davis v. Smith, 15 Mo. 467; Gibson v. Perry, 29 Mo. 245; Wendell v. Osborne, 63 Iowa, 103; s. o., 18 N. W Rep. 709; Reeves & Go. v. Corrigan, 57 N. W. Rep.
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Appeal from, the Harrison Circuit Court. — Hon. P. C. Stepp, Judge. (1) When parties have put their agreement in writing and set their hands thereto they are bound by the conditions therein expressed. Nicholas v. Larkin, 79 Mo. 264, 270; Davis v. Smith, 15 Mo. 467; Gibson v. Perry, 29 Mo. 245; Wendell v. Osborne, 63 Iowa, 103; s. o., 18 N. W Rep. 709; Reeves & Go. v. Corrigan, 57 N. W. Rep. (N. D.) 80. (2) The conditions expressed in said contract to be performed by the defendant are as follows: Notice promptly given to the agent of whom the machine is purchased. Return of the machine to the…
1Opinion of the CourtSmith, P. J.
LEADI ' This is a suit on two promissory notes each for $40. The answer admitted the execution of the notes and alleged that the same, with a third for a like amount already paid off, were executed and delivered to plaintiff for the purchase price of an Osborne binder with trucks and bundle carrier machine. It was further therein alleged that at the time of the purchase of said machine the plaintiff and defendant entered into an agreement in writing which contained the following representations and covenants of warranty, to wit:
“This machine is hereby purchased and sold subject to the…
2Cases cited17 opinions
- Phillips & Colby Construction Co. v. SeymourSupreme Court of the United States · 1876
- Nichols, Shepherd & Co. v. LarkinSupreme Court of Missouri · 1883
- Dobbins v. EdmondsMissouri Court of Appeals · 1885
- Branson v. TurnerSupreme Court of Missouri · 1883
- Compton v. ParsonsSupreme Court of Missouri · 1882
12 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- Stephens Industries, Inc. v. American Express Co.Missouri Court of Appeals · 1971
- Laumeier v. DolphMissouri Court of Appeals · 1910
- Fairbanks v. . Supply Co.Supreme Court of North Carolina · 1915
- Fairbanks, Morse & Co. v. Twin City Supply Co.Supreme Court of North Carolina · 1915
- Alabama Steel & Wire Co. v. SymonsMissouri Court of Appeals · 1904
2 more not listed; retrieve them via the Exa API.