Faust v. Koers
Missouri Court of Appeals
Appeal from St. Louis City Circuit Court. — Hon. Daniel D. Fisher, Judge. (1) Respondent sued upon a warranty. No warranty was proved. Galbreath v. Carnes, 91 Mo. App. 514; Lindsay v. Davis, 30 Mo. 410; Peers v. Davis, 29 Mo. 189. (2) A warranty does not cover visible defects. Thompson v. Botts, 8 Mo. 713. " • (3) By acts of dominion after the attempted rescission respondent lost his right to recover. McColloch v. Scott, 52 Ky. 172, 56 Amer.
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Appeal from St. Louis City Circuit Court. — Hon. Daniel D. Fisher, Judge. (1) Respondent sued upon a warranty. No warranty was proved. Galbreath v. Carnes, 91 Mo. App. 514; Lindsay v. Davis, 30 Mo. 410; Peers v. Davis, 29 Mo. 189. (2) A warranty does not cover visible defects. Thompson v. Botts, 8 Mo. 713. " • (3) By acts of dominion after the attempted rescission respondent lost his right to recover. McColloch v. Scott, 52 Ky. 172, 56 Amer. Dec. 561; Benjamin on Sales, 6th Ed., sec. 703; Glass Co. v. Friedlander, 84 Wis. 53; 24 Amer. & Eng. Ency. of Law, 2nd Ed., 647; O’Donnell v. Farrar, 45…
1Opinion of the CourtBland, P. J.
(after stating the facts). — The only declaration of law asked was by defendant to the effect that under the law and the evidence plaintiff could not recover. The refusal of this declaration of law is the only error assigned. Defendant contends that it should have been given for two reasons: first, that the evidence is not sufficient to show that defendant warranted the horse to be sound and, second, that by acts of dominion exercised by plaintiff over the horse after the tender and offer to rescind, he lost his right to recover. In considering the question as to whether or not there was…
2Cases cited4 opinions
- Cream City Glass Co. v. FriedlanderWisconsin Supreme Court · 1893
- Carter v. BlackSupreme Court of Missouri · 1870
- Galbreath v. CarnesMissouri Court of Appeals · 1902
- Anthony v. PottsMissouri Court of Appeals · 1895
3Cited by9 opinions
- Turner v. Central Hardware Co.Supreme Court of Missouri · 1945
- Sturgis v. WhislerMissouri Court of Appeals · 1910
- Edwards v. WooldridgeCourt of Appeals of Texas · 1908
- Mitchell v. RudasillMissouri Court of Appeals · 1960
- Scriven v. HechtCourt of Appeals for the Second Circuit · 1923
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