Legal Opinion

Kerr v. Haymaker

Missouri Court of Appeals

Decided January 25, 1886PublishedCited by 4 opinions

Appeal from Linn Circuit Court, Hon. Gr. D. Burdess, Judge. The case is stated in the opinion. I. There was no implied warranty of the spool thread on the part of plaintiffs. Hilliard on Sales (2 Ed.) 244-257; By an v. Ulmer, Sup. Ct. Pa. July, 1885. II. Hassett was plaintiffs’ special agent, and the instructions asked by plaintiffs should have been given. Ayres n. Milroy, 53 Mo. 516; Ohouteau v. Filley, 50 Mo. 174; Wright v. Baldwin, 51 Mo. 269. . III.

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Appeal from Linn Circuit Court, Hon. Gr. D. Burdess, Judge. The case is stated in the opinion. I. There was no implied warranty of the spool thread on the part of plaintiffs. Hilliard on Sales (2 Ed.) 244-257; By an v. Ulmer, Sup. Ct. Pa. July, 1885. II. Hassett was plaintiffs’ special agent, and the instructions asked by plaintiffs should have been given. Ayres n. Milroy, 53 Mo. 516; Ohouteau v. Filley, 50 Mo. 174; Wright v. Baldwin, 51 Mo. 269. . III. After the court refused to give the instructions asked by plaintiffs and defendant, it erred in giving instruction numbered one, of its own…

1Opinion of the CourtEllison, J.

This action is for the price of a lot of spool cotton thread, sold by plaintiffs to defendant, by written order signed by defendant.

The order contains no warranty of the quality of the thread nor any permission to return it if not found suitable to defendant’s customers.

Plaintiffs’ testimony showed the sale to defendant and that the agent making the sale had no authority to warrant or agree to take the goods back. The evidence on part of defendant, and which was not disputed, was that the thread was not merchantable or salable and was of no value.

The court refused the instructions offered by…

2Cases cited3 opinions

  1. Compton v. ParsonsSupreme Court of Missouri · 1882
  2. Murphy v. GaySupreme Court of Missouri · 1866
  3. Ferguson v. HustonSupreme Court of Missouri · 1840

3Cited by4 opinions

  1. Brown v. WeldonMissouri Court of Appeals · 1887
  2. J. E. Hayner & Co. v. ChurchillMissouri Court of Appeals · 1888
  3. Keystone Implement Co. v. LeonardMissouri Court of Appeals · 1890
  4. Buss v. Allison Window Glass Co.Missouri Court of Appeals · 1909

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