Fairbanks, Morse & Co. v. Baskett
Missouri Court of Appeals
Appeal from Audrain Circuit Court. — Hon. Elliott M. Hughes, Judge. (1) The alleged counterclaim of defendant in his answer and in his amended answer does not state a cause of action, and is not sufficiently definite to advise plaintiff of the nature of his claim and bar another action. R. S. 1899, sec. 3852; Pattison v.- Lutz, 1 Mo. App. 133; Nutter v. Houston, 32 Mo. App. 451; Rosenburg v. Boyd, 14 Mo.
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Appeal from Audrain Circuit Court. — Hon. Elliott M. Hughes, Judge. (1) The alleged counterclaim of defendant in his answer and in his amended answer does not state a cause of action, and is not sufficiently definite to advise plaintiff of the nature of his claim and bar another action. R. S. 1899, sec. 3852; Pattison v.- Lutz, 1 Mo. App. 133; Nutter v. Houston, 32 Mo. App. 451; Rosenburg v. Boyd, 14 Mo. App. 429. (2) Plaintiff’s refused instruction No. 18 should have been given, because the court of its own motion gave the instructions as prayed for regarding the first and third counts of…
1Opinion of the CourtGoode, J.
On October 3, 1900, defendant purchased a gasoline engine of the plaintiff (a corporation) to be used in running machinery in his printing office in the city of Mexico, Missouri. The contract of sale was in writing and contained an express warranty that the article should be a gasoline engine of two and one-half horsepower; also a warranty that the engine was made of good material and in a workmanlike manner. If any part proved defective in material or workmanship within one year from the date of shipment, there was a stipulation binding the plaintiff to replace it free of cost. The…
2Cases cited25 opinions
- Seitz v. Brewers' Refrigerating MacHine Co.Supreme Court of the United States · 1891
- De Witt v. BerrySupreme Court of the United States · 1890
- Hoxie v. Home InsuranceSupreme Court of Connecticut · 1864
- West v. PlattMassachusetts Supreme Judicial Court · 1879
- Bales v. PerrySupreme Court of Missouri · 1873
20 more not listed; retrieve them via the Exa API.
3Cited by28 opinions
- Bean v. BickleySupreme Court of Iowa · 1919
- Davis Calyx Drill Co. v. MalloryCourt of Appeals for the Eighth Circuit · 1905
- Conservative Federal Savings & Loan Ass'n v. WarneckeMissouri Court of Appeals · 1959
- Northwestern Nat. Life Ins. Co. v. WardSupreme Court of Oklahoma · 1915
- Hayes v. ManningSupreme Court of Missouri · 1914
23 more not listed; retrieve them via the Exa API.