Deere, Mansur & Co. v. Hucht
Missouri Court of Appeals
Appeal from Vernon Circuit Court, Hon. Charles Q. Burton, Judge. Tlie case is sufficiently stated in tlie opinion. I. Plaintiffs’ third instruction ought to ham been given.
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Appeal from Vernon Circuit Court, Hon. Charles Q. Burton, Judge. Tlie case is sufficiently stated in tlie opinion. I. Plaintiffs’ third instruction ought to ham been given. The testimony shows that, as soon as the defendants received the machine, they knew it was not what they wanted, nor what their customer wanted; but,' instead of returning it at once, unused, they tried to work up a sale, and insisted on the customer taking it out to his farm and using it, although he protested that he did not want it. If, knowing it was not what they had ordered, they still kept it, hoping yet to make a…
1Opinion of the CourtEllison, J.
This suit is for the price of a Buckeye feed-mill and corn-sheller. It was begun before a justice of the peace, and appealed to the circuit court. Plaintiffs lost the cause in both courts.
The property was sold with an express written warranty, that it would do as good work as any iron sweep *4mill in the market, the warranty containing, also, the-following provision:
“ Should the mill fail to fulfill the above warranty,, after a trial of one day, we, -or our agents, shall be notified of the fact, and time will be allowed for a second trial; then, if we fail to fill said warranty, and the fault…
2Cases cited2 opinions
- Nichols, Shepherd & Co. v. LarkinSupreme Court of Missouri · 1883
- Craycroft v. W. G. Walker & Co.Missouri Court of Appeals · 1887
3Cited by5 opinions
- Yerxa, Andrews & Thurston v. Randazzo MacAroni Manufacturing Co.Supreme Court of Missouri · 1926
- New Birdsall Co. v. KeysMissouri Court of Appeals · 1903
- Chas. R. Kirk & Co. v. SeeleyMissouri Court of Appeals · 1895
- Columbia Weighing MacHine Co. v. YoungMissouri Court of Appeals · 1928
- McCormick Harvesting Machine Co. v. MackeyMissouri Court of Appeals · 1903