Witte Iron Works v. Holmes
Missouri Court of Appeals
Appeal from the Jaclcson Circuit Court. — Hon. J. H. Slover, Judge. (1) Appellant was entitled to keep the article manufactured, and sold, although not as agreed, and counterclaim or set-off for damages. Martin v. Maxioell, 18 Mo.
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Appeal from the Jaclcson Circuit Court. — Hon. J. H. Slover, Judge. (1) Appellant was entitled to keep the article manufactured, and sold, although not as agreed, and counterclaim or set-off for damages. Martin v. Maxioell, 18 Mo. App. 176; Branson v. Turner, 77'Mo. 489; McAdow v. Boss, 53 Mo. 199; R. S., sec. 6204. “Witte Iron Works Company,” not being a person,natural or artificial, could not maintain a suit, and appellant’s objection to testimony should have been sustained. E. H. Witte should have brought suit in his real name. Bevis v. Lammer, 3 Mo. 207. (2) The court should have allowed…
1Opinion of the CourtSmith, P. J.
This was an action brought before a justice of the peace to recover the balance on an account. There was no dispute in relation to the items of the account. . It appeared that the -items thereof were the component parts of a gasoline engine, which had been sold by plaintiff to defendant. The defendant alleged that the said gasoline engine, by contract, was to be a nine horse power engine; that-the one délivered “was never capable of more than six and eight tenths horse power,” and, in consequencethereof, he claimed $250 damages on account of the “discrepancy.” There was a trial in the circuit…
2Cases cited8 opinions
- Mueller v. KaessmannSupreme Court of Missouri · 1884
- Weil v. SimmonsSupreme Court of Missouri · 1877
- Cruchon v. BrownSupreme Court of Missouri · 1874
- Crispen v. HannovanSupreme Court of Missouri · 1885
- Benjamin v. Metropolitan Street Railway Co.Missouri Court of Appeals · 1892
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3Cited by3 opinions
- Bank of Oak Ridge v. DuncanSupreme Court of Missouri · 1931
- Meyer Bros. v. Insurance Co. of North AmericaMissouri Court of Appeals · 1898
- O'Toole v. LowensteinMissouri Court of Appeals · 1913