St. Louis Brewing Ass'n v. McEnroe
Missouri Court of Appeals
Appeal from the Pettis Circuit Court. — Hon. G. F. Longan, Judge. (1) The court erred in refusing to give plaintiff’s instruction number 7. Huttig, etc. Co. v. Municipal Trust Co., 69 Mo. App. 115; Bank v. Hainline, 67 Mo. App. 483; Stephens v. Supply Co., 67 Mo. App. 587; Wolff, Adm’r, v. Campbell, 110 Mo. 114. (2) A valid defense going to breach of warranty or partial failure of consideration should have been specially pleaded.
Read the full summary
Appeal from the Pettis Circuit Court. — Hon. G. F. Longan, Judge. (1) The court erred in refusing to give plaintiff’s instruction number 7. Huttig, etc. Co. v. Municipal Trust Co., 69 Mo. App. 115; Bank v. Hainline, 67 Mo. App. 483; Stephens v. Supply Co., 67 Mo. App. 587; Wolff, Adm’r, v. Campbell, 110 Mo. 114. (2) A valid defense going to breach of warranty or partial failure of consideration should have been specially pleaded. Agricultural & Mechanical Ass’n v. Delano, 37 Mo. App. 284; Musser v. Adler, 86 Mo. •445. (3) Respondents only claim for damages was for unliquidated damages, and…
1Opinion of the CourtHill, J.
This is a suit for $421.98 the net price of a carload of beer shipped by plaintiff to defendant in June, 1895., The action was defended in the lower court on the ground that the quality of the beer was not as represented, that it was inferior and unmerchantable, and after being kept in store for a, few days became flat and unfit for use so that a large part thereof had to be thrown away. Evidence pro and con-on these matters was submitted at the trial. The jury returned' a verdict, reducing plaintiff’s claim from the amount sued for to the sum of $25 and plaintiff appealed.
We fail to discover…
2Cases cited6 opinions
- Brown v. WeldonSupreme Court of Missouri · 1889
- Brown v. WeldonMissouri Court of Appeals · 1887
- A. G. Danforth & Co. v. CrookshanksMissouri Court of Appeals · 1897
- Murphy v. GaySupreme Court of Missouri · 1866
- Armstrong, Gilbert & Co. v. Johnson Tobacco Co.Missouri Court of Appeals · 1890
1 more not listed; retrieve them via the Exa API.
3Cited by19 opinions
- Hill v. DillonMissouri Court of Appeals · 1913
- Laumeier v. DolphMissouri Court of Appeals · 1910
- New Birdsall Co. v. KeysMissouri Court of Appeals · 1903
- Moore v. KogerMissouri Court of Appeals · 1905
- Boulware v. Victor Automobile Manufacturing Co.Missouri Court of Appeals · 1911
14 more not listed; retrieve them via the Exa API.