Broderick v. Andrews
Missouri Court of Appeals
Appeal from Johnson Circuit Court. — No». Nick M. Bradley, Judge. (1) • In this case, plaintiff’s debt and Ms right to recover tbereon, prima facie, are conceded. (2) Defendant’s amended answer confirms the sale and rests his defense npon a breach of an express warranty, and is presented and pleaded in one count, and the relief sought is in one prayer and from one wrong.
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Appeal from Johnson Circuit Court. — No». Nick M. Bradley, Judge. (1) • In this case, plaintiff’s debt and Ms right to recover tbereon, prima facie, are conceded. (2) Defendant’s amended answer confirms the sale and rests his defense npon a breach of an express warranty, and is presented and pleaded in one count, and the relief sought is in one prayer and from one wrong. (3) In order to successfully plead breach of warranty as a counterclaim and recover therefor, defendant must affirm the contract of sale and concede or admit plaintiff’s right' to recover the purchase price. Brown v. Weldon,…
1Opinion of the CourtBboaddus, P. J.
This suit was commenced before a justice of the peace where a trial was had and an appeal taken to the circuit court A\rhere on trial anew the judgment Avas for defendant from which plaintiff appealed. The suit is on a note for $250 given for the balance of the purchase price of a jack which plaintiff sold to defendant for the sum of $650, the sum of $400 having been paid at the time of the purchase.
In the circuit court defendant amended his answer in which he admitted the purchase price of the animal for the’ consideration of $650 and a statement of the *60payment of $400 and the execution of…
2Cases cited9 opinions
- Brown v. WeldonSupreme Court of Missouri · 1889
- Brown v. WeldonMissouri Court of Appeals · 1887
- Fairbanks, Morse & Co. v. BaskettMissouri Court of Appeals · 1903
- Crenshaw v. LookerSupreme Court of Missouri · 1904
- Ferguson Implement Co. v. ParmerMissouri Court of Appeals · 1908
4 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- Wyoming Construction & Development Co. v. Buffalo Lumber Co.Wyoming Supreme Court · 1917
- Regina Co. v. GallowayIndiana Court of Appeals · 1912
- Stark Bros. Nurseries & Orchards v. MayhewMissouri Court of Appeals · 1911