Palmer v. Reeves & Co.
Missouri Court of Appeals
Appeal from Boone Circuit Court. — Eon. A. E. Waller, Judge. (1) Tbe evidence established, beyond peradventure, that the clover huller 'did not do good work. This appears, not only from the testimony of plaintiff’s witnesses, but also from that given on the part of the defendant. So the judgment below cannot be sustained on the ground that the machine complied with the warranty. Miller Lock Co. v. Deihl Mfg. Co., 37 Pa. gup.
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Appeal from Boone Circuit Court. — Eon. A. E. Waller, Judge. (1) Tbe evidence established, beyond peradventure, that the clover huller 'did not do good work. This appears, not only from the testimony of plaintiff’s witnesses, but also from that given on the part of the defendant. So the judgment below cannot be sustained on the ground that the machine complied with the warranty. Miller Lock Co. v. Deihl Mfg. Co., 37 Pa. gup. Ct. 585. (2) Contracts of the character under consideration in this case “prepared by a vendor for his own protection will be construed most strongly against such…
1Opinion of the Court
BROADDUS, J. —
This is an action for a breach of warranty by the defendant upon the sale of a certain machine consisting of a clover huller, feeder and stacker.
The contract was entered into on September 7, 1905, and the machine was delivered on September 11th, two days thereafter. The contract- provided for a payjment of $300 cash on delivery, and $250 to be paid on the 1st day of November evidenced by a note of plaintiff and secured by chattel mortgage on the property.
*476The contract contained, the following warranty: “The machinery ordered is to he well made, of good material, and with proper…
2Cases cited5 opinions
- Hein v. MildebrandtWisconsin Supreme Court · 1908
- Walls v. GatesMissouri Court of Appeals · 1877
- Padden v. MarshSupreme Court of Iowa · 1872
- Harrison v. Russell & Co.Idaho Supreme Court · 1906
- Osborne v. MullikinMissouri Court of Appeals · 1901
3Cited by8 opinions
- Witte v. Cooke Tractor Co.Missouri Court of Appeals · 1953
- Minneapolis-Moline Power Implement Co. v. WrightMissouri Court of Appeals · 1938
- Emerson-Brantingham Implement Co. v. MillerSupreme Court of Colorado · 1932
- J. I. Case Threshing Machine Co. v. TateSupreme Court of Colorado · 1921
- J. I. Case Threshing Machine Co. v. GardnerMissouri Court of Appeals · 1911
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