Advance Thresher Co. v. Speak
Missouri Court of Appeals
Appeal from Adair Circuit Court. — lion. Hat. M. Shelton, Judge. (1) Before a purchaser can defeat the entire claim of the purchase price of a chattel he must not only allege and prove that the machine did not answer the demands of the warranty, but he must also show that he returned or "offered to-return the machine, or that it was entirely worthless for any purpose. McCormick v. Brady, 67 Mo.
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Appeal from Adair Circuit Court. — lion. Hat. M. Shelton, Judge. (1) Before a purchaser can defeat the entire claim of the purchase price of a chattel he must not only allege and prove that the machine did not answer the demands of the warranty, but he must also show that he returned or "offered to-return the machine, or that it was entirely worthless for any purpose. McCormick v. Brady, 67 Mo. App. 292. (2) The terms of the warranty were in writing and this writing fixed the rights of the parties to this action. Company v. Holbeck, 109 Mo. App. 179. (3) There is no evidence that the…
1Opinion of the CourtEllison, J.
Plaintiff’s action is replevin whereby it seeks to recover a lot of personal property. Defendants had judgment in the circuit court. Plaintiff appealed. There is no bill of exceptions and we have only to ascertain whether the record proper discloses any legal cause for our interference.
The petition, answer, reply, verdict and judgment, composing the record proper, are set out in the transcript and we will confine our investigation to these. The petition is in replevin and plaintiff seeks to recover from defendants’ possession thirteen head of live stock, a wagon, harness, and one “Advance 26…
2Cases cited17 opinions
- Patterson v. United StatesSupreme Court of the United States · 1817
- Bateson v. ClarkSupreme Court of Missouri · 1865
- Sweet v. MaupinSupreme Court of Missouri · 1877
- Lilly v. MenkeSupreme Court of Missouri · 1894
- McIntire v. McIntireSupreme Court of Missouri · 1883
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3Cited by2 opinions
- Cosgrove v. StangeMissouri Court of Appeals · 1916
- Disbrow v. Peoples Ice, Storage & Fuel Co.Missouri Court of Appeals · 1913