J. E. Hayner & Co. v. Churchill
Missouri Court of Appeals
Appeal from Nodaway Circuit Court, Hon. Cybus A. Anthony, Judge. The case is stated in the opinion. I. Instruction number one, on behalf of the defendants, ought not to have been given, because: (1) It submitted to the jury issues not made by the pleadings. The sole and only issue raised by the pleadings was, whether the machine, for which the note in suit was given, “ was worthless and of no value for the purposes for which it was bought and intended.”
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Appeal from Nodaway Circuit Court, Hon. Cybus A. Anthony, Judge. The case is stated in the opinion. I. Instruction number one, on behalf of the defendants, ought not to have been given, because: (1) It submitted to the jury issues not made by the pleadings. The sole and only issue raised by the pleadings was, whether the machine, for which the note in suit was given, “ was worthless and of no value for the purposes for which it was bought and intended.” The second paragraph or count in defendants’ answer, thrown in, “by way of counter-claim, and setoff and recoupment ” was abandoned or lost…
1Opinion of the CourtEnnis on, J.
This action is based on a promissory note. It was begun before^ a justice of the peace, appealed to the circuit court, where defendants prevailed, and plaintiffs bring the case here. The note was given in part payment for a mowing and reaping machine sold by plaintiffs’ agent with a warranty made by the agent, as defendants claim, that it would work well as a reaper and mower. *
Plaintiffs’ theory of the case was presented by the *682evidence of tlieir agent, who testified, in substance, that he sold the defendants that machine in July, 1883, with permission to try it during that harvest, and if…
2Cases cited4 opinions
- Fitzgerald v. HaywardSupreme Court of Missouri · 1872
- Brown v. WeldonMissouri Court of Appeals · 1887
- Courtney v. BoswellSupreme Court of Missouri · 1877
- Kerr v. HaymakerMissouri Court of Appeals · 1886
3Cited by14 opinions
- Johns v. JaycoxWashington Supreme Court · 1912
- Laumeier v. DolphMissouri Court of Appeals · 1910
- International Harvester Co. v. LawyerSupreme Court of Oklahoma · 1916
- Alvin Fruit & Truck Ass'n v. HartmanMissouri Court of Appeals · 1909
- D. M. Osborne & Co. v. HenryMissouri Court of Appeals · 1897
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