Beck & Corbitt Iron Co. v. Holbeck
Missouri Court of Appeals
Appeal from the Macon Circuit Court. — Hon. Nat M. Shelton, Judge. (1) Whore personal property is purchased to he used for a particular purpose, known to the vendor, and the buyer does not inspect tbe goods, but trusts to tbe judgment or skill of tbe seller, there is an implied warranty that tbe goods will be reasonably fit for that purpose. 4 Benj. Sales (Bennet’s 7 Am.
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Appeal from the Macon Circuit Court. — Hon. Nat M. Shelton, Judge. (1) Whore personal property is purchased to he used for a particular purpose, known to the vendor, and the buyer does not inspect tbe goods, but trusts to tbe judgment or skill of tbe seller, there is an implied warranty that tbe goods will be reasonably fit for that purpose. 4 Benj. Sales (Bennet’s 7 Am. Ed.), part 2, section 661; also section 657, under “fourthly;” also p. 686, Bennett’s note, section 16, also section 656; Lee v. Saddlery Co., 38 Mo. App. 201; Armstrong, Gilbert & Co. v. Tobacco Co., 41 Mo. App: 258; Brewing…
1Opinion of the CourtBroaddus, J.
This suit is to recover part payment made by plaintiff on the purchase price of wagon axles sold and delivered by defendant to plain*182tiff, and also for damages alleged to have been sustained by plaintiff for breach of contract. The contract was made by telegrams and letters that passed between the parties.
On February 16, 1903, plaintiff wrote to defendant as follows:
“We have just wired you as follows: ‘Will take two thousand axles. Have written in full. Answer.’ In explanation, Mr. Green wrote us a few days ago, Feb. 11th, that you would let us have 2,000 4x5 axles one year old, at 50c. each,…
2Cases cited7 opinions
- McCormick v. City of St. LouisSupreme Court of Missouri · 1901
- Williams v. Chicago, Santa Fe & California Railway Co.Supreme Court of Missouri · 1900
- Long Bros. v. J. K. Armsby Co.Missouri Court of Appeals · 1891
- St. Louis Brewing Ass'n v. McEnroeMissouri Court of Appeals · 1899
- Lee v. J. B. Sickles Saddlery Co.Missouri Court of Appeals · 1889
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3Cited by4 opinions
- Laumeier v. DolphMissouri Court of Appeals · 1910
- Boulware v. Victor Automobile Manufacturing Co.Missouri Court of Appeals · 1911
- Citizens' Independent Mill & Elevator Co. v. PerkinsSupreme Court of Oklahoma · 1915
- Schade v. Missouri Pacific Railway Co.Missouri Court of Appeals · 1920