Colchord Machinery Co. v. Loy-Wilson Foundry & Machinery Co.
Missouri Court of Appeals
Appeal from Lawrence Circuit Court. — Eon. F. G. Johnston, Judge. (1) A warranty express or implied will obtain in favor of a buyer, where the seller has knowledge of the intended use of a machine, whether the buyer avails himself of the opportunity of inspection or not and even though the seller is ignorant of the defect, that renders the machine unsuitable for the purposes for which it was bought. Brewing Association y. McEnroe, 80 Mo.
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Appeal from Lawrence Circuit Court. — Eon. F. G. Johnston, Judge. (1) A warranty express or implied will obtain in favor of a buyer, where the seller has knowledge of the intended use of a machine, whether the buyer avails himself of the opportunity of inspection or not and even though the seller is ignorant of the defect, that renders the machine unsuitable for the purposes for which it was bought. Brewing Association y. McEnroe, 80 Mo. App. 429; Steel Works Co. v. Saymons, 110 Mo. App. 50. And the fact that the machine was a second-hand machine made no difference in the law of implied…
1Opinion of the CourtGoode, J.
While this defendant was building a machine shop and foundry in Aurora, one of its princi*543pal officers, Mr. Loy, observed in the foundry of McNeal & Company, in the city of Joplin, a second-hand machine known as a pipe machine, used to cut grooves or threads in casings or pipes. This second-hand machine was the property of the plaintiff company and had been acquired in a trade between plaintiff and the McNeal Company of Joplin. It had been used for seven or eight years by the latter company, which desired a larger machine and had traded the one in question to plaintiff for a larger one. After…
2Cases cited9 opinions
- Seitz v. Brewers' Refrigerating MacHine Co.Supreme Court of the United States · 1891
- Kellogg Bridge Co. v. HamiltonSupreme Court of the United States · 1884
- Barnard v. KelloggSupreme Court of the United States · 1871
- J. I. Case Plow Works v. Niles & Scott Co.Wisconsin Supreme Court · 1895
- Goulds v. BrophySupreme Court of Minnesota · 1889
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3Cited by3 opinions
- Lamb v. OttoCalifornia Court of Appeal · 1921
- Old City Iron Works v. BelmontSupreme Court of Arkansas · 1928
- Overhulser v. PeacockMissouri Court of Appeals · 1910