Ungerer & Co. v. Louis Maull Cheese & Fish Co.
Missouri Court of Appeals
Appeal from St. Louis City Circuit Court. — Hon. George H. Williams, Judge. (1) In a mercantile contract a statement of the subject-matter is ordinarily to be regarded as a warranty, or condition precedent, upon the failure or nonperformance of which the party aggrieved may repudiate the whole contract. Norrington v. Wright, 115 U.. S. 188; Bowes v. Shand, 1 Q. B. D. 470, 2 Q. B. D. 112, 2 App. Cas. 455; Morrison, McIntosh & Co. v. Reiser, 73 Mo.
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Appeal from St. Louis City Circuit Court. — Hon. George H. Williams, Judge. (1) In a mercantile contract a statement of the subject-matter is ordinarily to be regarded as a warranty, or condition precedent, upon the failure or nonperformance of which the party aggrieved may repudiate the whole contract. Norrington v. Wright, 115 U.. S. 188; Bowes v. Shand, 1 Q. B. D. 470, 2 Q. B. D. 112, 2 App. Cas. 455; Morrison, McIntosh & Co. v. Reiser, 73 Mo. App. 95; Henry Gans & Sons v. McGee, 42 Mo. App. 307. (2) A vendee may reject an installment of the goods whose quality is not in accordance with…
1Opinion of the CourtCaulfield, J.
(after stating the facts). — 1. Defendant asserts that the court erred in refusing to allow defendant’s expert witness, who had made a chemical analysis of one barrel, to testify as to the contents of it. Reviewal of the court’s action involves an inquiry into the defendant’s right to show upon the trial, under the circumstances of this case, first, that the eighteen barrels delivered contained an article different in kind from that called for by the contract, and second, that the thirty-two barrels sold in New York did not contain the same article described in the contracts. For undoubtedly…
2Cases cited10 opinions
- Littlejohn v. . ShawNew York Court of Appeals · 1899
- Attorney General ex rel. Brotherton v. Common CouncilMichigan Supreme Court · 1907
- Hayden v. GrilloMissouri Court of Appeals · 1887
- Whitaker v. McCormickMissouri Court of Appeals · 1878
- Manley v. Crescent Novelty Manufacturing Co.Missouri Court of Appeals · 1903
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3Cited by12 opinions
- Yerxa, Andrews & Thurston v. Randazzo MacAroni Manufacturing Co.Supreme Court of Missouri · 1926
- Kesinger v. BurtrumMissouri Court of Appeals · 1956
- Austin & Bass Builders, Inc. v. LewisMissouri Court of Appeals · 1961
- Columbia Weighing MacHine Co. v. YoungMissouri Court of Appeals · 1928
- Buhler Mill & Elevator Co. v. JollyMissouri Court of Appeals · 1924
7 more not listed; retrieve them via the Exa API.