Walker v. Grout Bros. Automobile Co.
Missouri Court of Appeals
Appeal from St. Louis City Circuit Court. — Eon. Daniel G. Taylor, Judge. (1) Where a contract provides for the sale of an article, which, is to he satisfactory to the vendee, it must be satisfactory to him. and not merely sncb an article as ought to be satisfactory or as would be satisfactory to other persons. McCormick y. Finch, 100 Mo. App. 641, distinguishing Pope y. Best, 14 Mo. App. 502; Thompson y. Dickerson, 68 Mo.
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Appeal from St. Louis City Circuit Court. — Eon. Daniel G. Taylor, Judge. (1) Where a contract provides for the sale of an article, which, is to he satisfactory to the vendee, it must be satisfactory to him. and not merely sncb an article as ought to be satisfactory or as would be satisfactory to other persons. McCormick y. Finch, 100 Mo. App. 641, distinguishing Pope y. Best, 14 Mo. App. 502; Thompson y. Dickerson, 68 Mo. App. 535; Blaine v. Knapp & Co., 140 Mo. 241; Berthold v. St. Louis Electric Con. Co., 165 Mo. 280; Meyer y. Christopher, 176 M'o. 580; Mullally y. Greenwood, 127 Mo. 138;…
1Opinion of the CourtBland, P. J.
(after stating the facts). — 1. The points relied on for a reversal of the judgment are error of the court in refusing plaintiff’s instruction No. 1, and granting No. 2 for defendant. Plaintiff’s evidence shows that defendant guaranteed the automobile to require no labor to operate it, to be easily run and operated by a lady and to' be reliable in every way, and that defendant would make the machine satisfactory to plaintiff, or that it should be satisfactory to her. The court refused to instruct that if the machine was not satisfactory to plaintiff, she had a right to return it to the vendor…
2Cases cited14 opinions
- Brown v. FosterMassachusetts Supreme Judicial Court · 1873
- Zaleski v. ClarkSupreme Court of Connecticut · 1876
- Walter A. Wood Reaping & Mowing Machine Co. v. SmithMichigan Supreme Court · 1883
- Koehler v. BuhlMichigan Supreme Court · 1893
- Goodrich v. Van NortwickIllinois Supreme Court · 1867
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3Cited by4 opinions
- Laumeier v. DolphMissouri Court of Appeals · 1910
- Bond v. SandfordMissouri Court of Appeals · 1908
- Wilbur Stock Food Co. v. BridgesMissouri Court of Appeals · 1911
- Butsch v. Emerson-Brantingham Implement Co.Missouri Court of Appeals · 1917