Equitable Manufacturing Co. v. Waful
Missouri Court of Appeals
Appeal from Clinton Circuit Court. — Eon. Alonso D. Barnes, Judge. (1) There was no evidence to support the answer of defendant as to any false representations made by the agent of plaintiff when the contract of sale was made. The only evidence introduced by the defendant was his own testimony and he only says the goods received by him was of an inferior quality.
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Appeal from Clinton Circuit Court. — Eon. Alonso D. Barnes, Judge. (1) There was no evidence to support the answer of defendant as to any false representations made by the agent of plaintiff when the contract of sale was made. The only evidence introduced by the defendant was his own testimony and he only says the goods received by him was of an inferior quality. (2) The defendant could not be relieved from his written obligation by saying it was an inferior lot of jewelry when his own testimony was conclusive that he did not know good jewelry from bad and especially is this true Avhen he…
1Opinion of the CourtJohnson, J.
Action to recover the purchase price of a lot of jewelry sold by the manufacturers to a retail merchant. The Equitable Manufacturing Company is a partnership composed of Theodore O. Love-land and James L. Records engaged in business at Iowa City, Iowa. Through a traveling salesman, they obtained a written order for a quantity of jewelry from defendant, a druggist at Lathrop. The order was in the form of that considered by the St. Louis Court of Appeals in Jewelry Company v. Withaup, 118 Mo. App. 126, where the plaintiffs were the same as in the present action. Defendant admits signing the…
2Cases cited1 opinion
- Elgin Jewelry Co. v. Withaup & Co.Missouri Court of Appeals · 1906
3Cited by1 opinion
- Tiffany v. Times Square Automobile Co.Missouri Court of Appeals · 1913