Werner v. O'Brien
Missouri Court of Appeals
Error to the Pettis Circuit Court. — Hon. Richard Field, Judge. (1) The court erred in refusing plaintiff’s instructions 1, 2, 3 and 5. The defendant kept the goods after examining and testing them ; used a large part of them in his business. Paid three of the four notes, the last one nearly eight months after the sale, made no claim on account of defective quality, but on the contrary, when the note sued on came due, negotiated for an extension of time thereon.
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Error to the Pettis Circuit Court. — Hon. Richard Field, Judge. (1) The court erred in refusing plaintiff’s instructions 1, 2, 3 and 5. The defendant kept the goods after examining and testing them ; used a large part of them in his business. Paid three of the four notes, the last one nearly eight months after the sale, made no claim on account of defective quality, but on the contrary, when the note sued on came due, negotiated for an extension of time thereon. The defendant, therefore, having received and accepted the benefits of the contract, cannot escape its obligations. McCreary ».…
1Opinion of the CourtSmith, P. J.
Plaintiff brought suit against the defendant in the circuit court of Pettis county on a jpromissory note for one hundred and sixty-five dollars. The defendant in his answer admitted the execution of the note and alleged that it was the last one of a series given plaintiff for the purchase price .of leaf tobacco which the plaintiff warranted to be of such quality and in such condition as to be fit and suitable to be used by defendant for wrappers of fine cigars, and that said tobacco proved wholly unfit and unsuitable for that purpose, etc. There was a further allegation that the tobacco was…
2Cases cited4 opinions
- Branson v. TurnerSupreme Court of Missouri · 1883
- Compton v. ParsonsSupreme Court of Missouri · 1882
- Murphy v. GaySupreme Court of Missouri · 1866
- Voss v. McGuireMissouri Court of Appeals · 1885
3Cited by8 opinions
- A. G. Danforth & Co. v. CrookshanksMissouri Court of Appeals · 1897
- New Birdsall Co. v. KeysMissouri Court of Appeals · 1903
- Little Rock Grain Co. v. J. A. Brubaker & Co.Missouri Court of Appeals · 1901
- D. M. Osborne & Co. v. HenryMissouri Court of Appeals · 1897
- Alabama Steel & Wire Co. v. SymonsMissouri Court of Appeals · 1904
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