Walls v. Tinsley
Missouri Court of Appeals
Appeal from Pemiscot County Circuit Court —Hon. Frank Kelly, Judge. (1) Respondent kept the animal and made no complaint until the note sued upon was due and pay- - ment demanded. He is not entitled to any actual damages or to any accumulated damages after he discovered or should have discovered by the use of ordinary care, defects and failure of warranty, if any. He can only recover the difference between the price paid and the actual value of the animal.
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Appeal from Pemiscot County Circuit Court —Hon. Frank Kelly, Judge. (1) Respondent kept the animal and made no complaint until the note sued upon was due and pay- - ment demanded. He is not entitled to any actual damages or to any accumulated damages after he discovered or should have discovered by the use of ordinary care, defects and failure of warranty, if any. He can only recover the difference between the price paid and the actual value of the animal. Case of Mark et al. v. Williams, 204 Mo. 242; Arnold v. Carson, 95 Mo. 426; St. Louis Brewing Assn. v. McEure, 80 Mo. App. 429; Norrison…
1Opinion of the CourtSturgis, J.
The only thing filed by the respondent in this court is a motion to affirm the judgment, accompanied by a manuscript brief in support of *464the same. This motion asks for an affirmance on the ground that appellant’s abstract of the record commingles the record proper and matters of exceptions and makes no distinction as to what matters are record proper and what are preserved by the bill of exceptions. An examination of the appellant’s abstract filed here shows that under the caption “Abstract of the Record” there appears the petition, the summons with the sheriff’s return thereon, a motion for…
2Cases cited6 opinions
- St. Louis Brewing Ass'n v. McEnroeMissouri Court of Appeals · 1899
- Mark v. H. D. Williams Cooperage Co.Supreme Court of Missouri · 1907
- New Birdsall Co. v. KeysMissouri Court of Appeals · 1903
- Robertson v. RobertsonMissouri Court of Appeals · 1914
- Parkyne v. ChurchillSupreme Court of Missouri · 1912
1 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- Beckwith v. City of MaldenMissouri Court of Appeals · 1923
- O'BRIEN v. WadeMissouri Court of Appeals · 1976
- State v. ChiltonMissouri Court of Appeals · 1918