Irby v. Stubblefield
Missouri Court of Appeals
Appeal from Greene County Circuit Court.—Hon. Guy D. Kirby, Judge. (1) The court should have instructed the jury at the close of plaintiff’s, evidence in chief, to return a verdict for the defendant because this case is purely ■within the caveat emptor rule. Anthony v. Potts, 63 Mo. App. 517; Doyle v.'Parish, 110 Mo. App. 470; Moore v. Roger, 113 Mo. App. 423; Grogean v. Darby, 135 Mo. App. 586; Samuels v. Guin’s Est., 49 Mo.
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Appeal from Greene County Circuit Court.—Hon. Guy D. Kirby, Judge. (1) The court should have instructed the jury at the close of plaintiff’s, evidence in chief, to return a verdict for the defendant because this case is purely ■within the caveat emptor rule. Anthony v. Potts, 63 Mo. App. 517; Doyle v.'Parish, 110 Mo. App. 470; Moore v. Roger, 113 Mo. App. 423; Grogean v. Darby, 135 Mo. App. 586; Samuels v. Guin’s Est., 49 Mo. App. 10. (2) The court erred in refusing to give the instruction requested by defendant. See authorities under 1. (1) Rule of “caveat emptor” has no application where…
1Opinion of the CourtRobertson, P. J.
Plaintiff and defendant traded horses. The plaintiff undertook to rescind and returned to defendant the horse for which he had traded and demanded the return of his horse. The defendant refused to comply with this demand and plaintiff brought his action before a justice of the peace in replevin for the horse he originally owned. After a trial in the justice of the peace court, an appeal was taken to the circuit court, where, on a trial anew, the plaintiff obtained a verdict and judgment, from which the defendant has appealed.
The testimony discloses that this was plaintiff’s first experience…
Also in this document: Concurrence.
2Cases cited5 opinions
- Moore v. KogerMissouri Court of Appeals · 1905
- Anthony v. PottsMissouri Court of Appeals · 1895
- Samuels v. Guin's EstateMissouri Court of Appeals · 1892
- Doyle v. ParishMissouri Court of Appeals · 1905
- Grojean v. DarbyMissouri Court of Appeals · 1909