Whitaker v. McCormick
Missouri Court of Appeals
Appeal from St. Louis Circuit Court. cited: Strong v. Insurance Co., 62 Mo. 289. There can be no implied warranty in this case, from the fact that where a party examines, or has an opportunity to examine, the quality or condition of a chattel in existence, the rule of caveat emptor does not admit of exception, and there can be no implied warranty under such circumstances. — Benj. on Sales (2d Am. ed), sect. 644 ; IPars. on Con.
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Appeal from St. Louis Circuit Court. cited: Strong v. Insurance Co., 62 Mo. 289. There can be no implied warranty in this case, from the fact that where a party examines, or has an opportunity to examine, the quality or condition of a chattel in existence, the rule of caveat emptor does not admit of exception, and there can be no implied warranty under such circumstances. — Benj. on Sales (2d Am. ed), sect. 644 ; IPars. on Con. (6thed.) 582 ; McCormick v. Lawson, 45 N. Y. 265 ; Dennison v. Foster, 42 N. H. 165 ; Hart v. Wright, 17 Wend. 277 ; Humphreys v. Comline, 8 Blackf. 516; Kohl v.…
1Opinion of the CourtLewis, P. J.
On June 13, 1873, defendants were proprietors of the Advance Elevator, in East St. Louis, and sold to plaintiff, at the Merchants’ Exchange in the city of St. Louis, five car-loads of “ No. 2 white mixed corn,” then stored in the elevator. On the same day plaintiff sold the same corn, by the same name and description, to Scott, Collins & Co., on whose account it was shipped to Savannah, Georgia. Upon arrival at Savannah the corn was found to be in a damaged condition, which necessitated its sale by auction at a loss. Scott, Collins & Co. sued and obtained judgment against the plaintiff in…
2Cases cited1 opinion
- Strong v. Phœnix InsuranceSupreme Court of Missouri · 1876
3Cited by15 opinions
- Miller & Co. v. Moore, Sims & Co.Supreme Court of Georgia · 1889
- Listerman v. Day and Night Plumbing & Heating Serv.Missouri Court of Appeals · 1964
- Grisinger v. HubbardIdaho Supreme Court · 1912
- Morse v. Union Stock Yard Co.Oregon Supreme Court · 1891
- G. B. Shaw & Co. v. SmithSupreme Court of Kansas · 1891
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