Nat. Cash Reg. Co. v. Van Duser Supply Co.
Missouri Court of Appeals
Appeal from Seott County Circuit Court. — Mon. Frank Kelly, Judge. (1) Where there is an express warranty in the sale of personalty there is no implied warranty as to same matter. Fairbanks Co. v. Basket, 71 S. W. 1113, 98 Mo. App. 53; International Co. v. Smith et al., 17 Mo.
Read the full summary
Appeal from Seott County Circuit Court. — Mon. Frank Kelly, Judge. (1) Where there is an express warranty in the sale of personalty there is no implied warranty as to same matter. Fairbanks Co. v. Basket, 71 S. W. 1113, 98 Mo. App. 53; International Co. v. Smith et al., 17 Mo. App. 264; Advance Co. v. Briggs Company, 206 S. W. 587, 588 (not off. rept.) (2) Where a •contract shows on its face that it composes the entire contract between the parties, it cannot he varied to show an implied warranty. Boulware v. Victor Auto Mfg. Co., 134 S. W. 7, 152 Mo. App. 567; Iron Co. v. Holheck, 82 S. W.…
1Opinion of the CourtCox, P. J.
Action on a note. Judgment for defendants and plaintiff appealed.
The petition is in the usual form of an action on a promissory note. The answer admits the execution of the note and then alleges that the note was given as and for- the purchase price of a cash register. That the machine was purchased for use in a store and that it would not work but was worthless. That complaint was made to plaintiff and plaintiff sent a man to fix same but without avail and plaintiff authorized and requested defendants to ship the machine back if it failed to work and after defendants had thoroughly tested…
2Cases cited6 opinions
- Fairbanks, Morse & Co. v. BaskettMissouri Court of Appeals · 1903
- International Pavement Co. v. Smith, Beggs & Ranken Machine Co.Missouri Court of Appeals · 1885
- Acme Harvesting Machine Co. v. GaspersonMissouri Court of Appeals · 1913
- Aultman, Miller & Co. v. HunterMissouri Court of Appeals · 1900
- Boulware v. Victor Automobile Manufacturing Co.Missouri Court of Appeals · 1911
1 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Lombard Corporation v. Quality Aluminum Products Co.Court of Appeals for the Sixth Circuit · 1958
- Davies v. Motor Radio Co.Missouri Court of Appeals · 1951
- Lutz v. Hill-Diesel Engine Co.Michigan Supreme Court · 1931
- Progressive Finance and Realty Co. v. StempelMissouri Court of Appeals · 1936
- B. H. Tureen Hotels, Inc. v. Nachman & Co.Supreme Court of Missouri · 1958
1 more not listed; retrieve them via the Exa API.