J. Kennard & Sons Carpet Co. v. Dornan
Missouri Court of Appeals
Appeal from the St. Louis City Circuit Court. — Hon. James E. "Withrow, Judge. The trial court erred in refusing instructions 1 and 3, asked by plaintiff. There was abundant evidence of the alleged usage. That usage was proved to be uniform. It was certain, reasonable, and lawful. The suit was brought within five years after breach of the warranty implied by the usage.
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Appeal from the St. Louis City Circuit Court. — Hon. James E. "Withrow, Judge. The trial court erred in refusing instructions 1 and 3, asked by plaintiff. There was abundant evidence of the alleged usage. That usage was proved to be uniform. It was certain, reasonable, and lawful. The suit was brought within five years after breach of the warranty implied by the usage. Lawson on Usages and Customs, p. 305, sec. 157; Fatman v. Thompson, 2 Disney, 482; Sumner v. Tyson, 20 N. H. 387; Benjamin on Sales [6 Ed., Bennett], secs. 661, 662, 667, 673a; note 16, pp. 644, 646, and cases cited; Story on…
1Opinion of the CourtRombauer, P. J.
This suit was instituted on May 19, 1889, by attachment before a justice of the peace. Defendant appeared to the action, and upon its retrial in the circuit court recovered judgment. Prom that judgment the plaintiff appeals, and assigns for error the court’s ruling on the instructions. The sole question presented is whether the court, under the evidence, correctly declared the law applicable to the question of limitation, as the only substantial defense interposed was the statute of limitations of five years. The plaintiff’s, statement is in these words:
Plaintiff, for its cause of action,…
2Cases cited1 opinion
- Allen v. ToddNew York Supreme Court · 1872
3Cited by10 opinions
- Aced v. Hobbs-Sesack Plumbing Co.California Supreme Court · 1961
- Southern California Enterprises, Inc. v. D. N. & E. Walter & Co.California Court of Appeal · 1947
- Crawford v. DuncanCalifornia Court of Appeal · 1923
- Aachen & Munich Fire Ins. v. MortonCourt of Appeals for the Sixth Circuit · 1907
- Poole v. Terminix Co. of Maryland & Washington, Inc.District of Columbia Court of Appeals · 1951
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