Southern Iron & Equipment Co. v. Smith
Supreme Court of Missouri
Appeal from Jackson Circuit Court. — Hon. Walter A. Powell, Judge. (1) The contract is one of bailment for mutual benefit, (a) It contained a warranty or agreement that the engines were fit and suitable for use in construction service in Arkansas and Louisiana, (b) It contained an express agreement or warranty that the engines had been overhauled and were in first-class operative condition, (c) Under the contract the engines were intended for the specific purpose of…
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Appeal from Jackson Circuit Court. — Hon. Walter A. Powell, Judge. (1) The contract is one of bailment for mutual benefit, (a) It contained a warranty or agreement that the engines were fit and suitable for use in construction service in Arkansas and Louisiana, (b) It contained an express agreement or warranty that the engines had been overhauled and were in first-class operative condition, (c) Under the contract the engines were intended for the specific purpose of operation and use in construction work in Arkansas and Louisiana. This intended use was understood by the parties. The contract…
1Opinion of the CourtWoodson, J.
This suit was instituted in the circuit court of Jackson county by the plaintiff to recover of defendant rent claimed to he due it on three locomotive engines and certain expense and repairs made upon them by plaintiff.
The petition was in two counts, the first was for rent and the second was for the expense and repairs.
A trial was had which resulted in a judgment for the plaintiff for the full amount sued for in each count, aggregating $11,705.70. From this judgment the defendant appealed to this court.
The litigation grew out of the following contract made and entered into by and between the…
2Cases cited13 opinions
- Leavitt v. Fiberloid Co.Massachusetts Supreme Judicial Court · 1907
- Smart v. Kansas CitySupreme Court of Missouri · 1907
- McMahon v. City of DubuqueSupreme Court of Iowa · 1898
- Blackmore v. Fairbanks, Morse & Co.Supreme Court of Iowa · 1890
- Castanie v. United Railways Co.Supreme Court of Missouri · 1913
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3Cited by5 opinions
- Stone v. Farmington Aviation Corp.Supreme Court of Missouri · 1953
- KLPR TV, INC. v. Visual Electronics CorporationDistrict Court, W.D. Arkansas · 1971
- Whittlesey v. SpenceMissouri Court of Appeals · 1969
- L. J. Smith Construction Co. v. MullinsMissouri Court of Appeals · 1918
- Carter v. ZollingerMissouri Court of Appeals · 1935