Legal Opinion

Burns v. Limerick

Missouri Court of Appeals

Decided February 16, 1914PublishedCited by 3 opinions

Appeal from Boone Circuit Court. — Hon. D. H. Harris, Judge.

1Opinion of the CourtTrimble, J.

This is an action for damages for breach of warranty in the sale of a jack to plaintiff by ■defendant. Plaintiff obtained judgment in the sum of •$350 and defendant has appealed.

Plaintiff, a farmer and stockman experienced in Dandling jacks, and living in Linn county, Missouri, received a catalogue announcing a public sale of some .jacks in Boone county by defendant and one Bradford. 'These two were not partners but simply had a joint .sale.

On the day before the sale plaintiff went to Boone -county and to defendant’s farm to look at the jacks advertised. He looked at the jack in controversy…

2Cases cited15 opinions

  1. Seitz v. Brewers' Refrigerating MacHine Co.Supreme Court of the United States · 1891
  2. Mandel v. ButtlesSupreme Court of Minnesota · 1875
  3. Boyer v. NeelMissouri Court of Appeals · 1892
  4. Laumeier v. DolphMissouri Court of Appeals · 1910
  5. Watson v. RoodeNebraska Supreme Court · 1890

10 more not listed; retrieve them via the Exa API.

3Cited by3 opinions

  1. Turner v. Central Hardware Co.Supreme Court of Missouri · 1945
  2. Mitchell v. RudasillMissouri Court of Appeals · 1960
  3. Davis v. CramerMissouri Court of Appeals · 1915

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