Hess v. Appleton Manufacturing Co.
Missouri Court of Appeals
Appeal from Jackson Circuit Court. — Eon. W. O. Thomas, Judge. (1) A motion for new trial is not necessary to secure the review of the lower court’s ruling on a motion such as that in question. Parker v. Waugh, 34 Mo. 343; O’Connor v. Koch, 56 Mo. 258; Sternberg _ v. Levy, 159 Mo. 624; Butler v. Lawson, 72 Mo. 244; Rigdon v. Furguson, 172 Mo. 52; Aultman & Co. v. Daggs. 50 Mo. App. 288; Bowie v. Kansas City, 51 Mo. 459; Brewing Co. v. Ehlhardt, 139 Mo.
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Appeal from Jackson Circuit Court. — Eon. W. O. Thomas, Judge. (1) A motion for new trial is not necessary to secure the review of the lower court’s ruling on a motion such as that in question. Parker v. Waugh, 34 Mo. 343; O’Connor v. Koch, 56 Mo. 258; Sternberg _ v. Levy, 159 Mo. 624; Butler v. Lawson, 72 Mo. 244; Rigdon v. Furguson, 172 Mo. 52; Aultman & Co. v. Daggs. 50 Mo. App. 288; Bowie v. Kansas City, 51 Mo. 459; Brewing Co. v. Ehlhardt, 139 Mo. App. 133; Johnson v. Latta, 84 Mo. 139. So all that the court will review on this case is the petition and the judgment, and as they are…
1Opinion of the CourtJohnson, J.
Plaintiff alleges in his petition that on October 18, 1907, defendant offered to sell him a corn planter, a machine for gathering corn, and “in a written communication to the plaintiff made representations and referred to its guarantee on the back of a printed folder . . . in which the defendant represented and guaranteed by said writing and printing that said machine would pick ears of corn off the stalks whether standing or lying down and deliver the ■ears into a wagon driven beside the machine and guaranteed to husk clean a large proportion of the ears, etc. . . . and further represented…
2Cases cited5 opinions
- Davies v. People's Railway Co.Supreme Court of Missouri · 1900
- Parker v. Hannibal & St. Joseph RailroadSupreme Court of Missouri · 1869
- Bruce v. VogelSupreme Court of Missouri · 1866
- State ex rel. Linn County v. AdamsSupreme Court of Missouri · 1903
- Kesse v. WilsonMissouri Court of Appeals · 1909
3Cited by2 opinions
- Crank v. Firestone Tire & Rubber Co.Missouri Court of Appeals · 1985
- Sedgwick v. National BankSupreme Court of Missouri · 1922