Brooks Tire Machine Co. v. Wells
Missouri Court of Appeals
Appeal from Howell County Circuit Court. — Ho». W. N. Evans, Judge. (1) By retaining an article purchased by contract an unreasonable time, tbe vendee waives all defects. He must act witbin a reasonable time or he will have been deemed to have waived all defects and defenses when asked to pay same. Taylor v. Short, 107 Mo. 384; Johnson-Brinkman Co. v. Railroad, 52 Mo.
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Appeal from Howell County Circuit Court. — Ho». W. N. Evans, Judge. (1) By retaining an article purchased by contract an unreasonable time, tbe vendee waives all defects. He must act witbin a reasonable time or he will have been deemed to have waived all defects and defenses when asked to pay same. Taylor v. Short, 107 Mo. 384; Johnson-Brinkman Co. v. Railroad, 52 Mo. App. 408. (2) If the vendee agrees to pay for the article purchased after the defects become apparent, he ratifies the contract, accepts the chattel, and waives defects. Johnson-Brinkman Co. v. Railroad, 52 Mo. App. 414; Overton…
1Opinion of the CourtSturgis, J.
This is a suit on several promissory notes, all dated June 30, 1911, and payable at monthly intervals, given by defendants in payment of a machine for tightening and setting wagon and buggy tires without heating same and designated as a Brooks’ Cold Tire Setter. The suit was commenced in á justice of the peace court on March 9, 1912, and was removed to and tried in the circuit court at the August term, 1913. The tire setting machine in question was purchased from plaintiff by defendants under a written contract containing the stipulations that: “Should we (purchasers) be unable to make the…
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2Cases cited8 opinions
- Nichols, Shepherd & Co. v. LarkinSupreme Court of Missouri · 1883
- Nichols-Shepard Co. v. RhoadmanMissouri Court of Appeals · 1905
- Gaar-Scott & Co. v. NelsonMissouri Court of Appeals · 1912
- Boyer v. NeelMissouri Court of Appeals · 1892
- Acme Harvesting Machine Co. v. GaspersonMissouri Court of Appeals · 1913
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3Cited by6 opinions
- Yerxa, Andrews & Thurston v. Randazzo MacAroni Manufacturing Co.Supreme Court of Missouri · 1926
- Dugan v. TroutMissouri Court of Appeals · 1954
- Bank of Polk v. WoodMissouri Court of Appeals · 1915
- Columbia Weighing MacHine Co. v. YoungMissouri Court of Appeals · 1928
- Anglo-American Mill Co. v. Twin City Mercantile & Manufacturing Co.Missouri Court of Appeals · 1931
1 more not listed; retrieve them via the Exa API.