Clydesdale Horse Co. v. E. Bennett & Son
Missouri Court of Appeals
Appeal from the Jasper Circuit Court. — Hon. M. G. McGbegob, Judge. The petition alleges a delivery of the horse to E. Bennett & Son, and alleges a refusal by E. Bennett & Son to exchange for another horse of the same price and breed, pursuant to the contract. This was the issue joined. The object of the declaration “is to ■apprise the defendant of what he is called upon to answer, that he may prepare his pleadings and evidence, necessary for his defense.”
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Appeal from the Jasper Circuit Court. — Hon. M. G. McGbegob, Judge. The petition alleges a delivery of the horse to E. Bennett & Son, and alleges a refusal by E. Bennett & Son to exchange for another horse of the same price and breed, pursuant to the contract. This was the issue joined. The object of the declaration “is to ■apprise the defendant of what he is called upon to answer, that he may prepare his pleadings and evidence, necessary for his defense.” Under the allegations of the declaration, we. insist it would be a failure of proof to show a delivery to one McLaughlin, and a refusal by…
1Opinion of the CourtSmith, P. J.
— This is a suit for damages for breach of contract on the warranty of a stallion. The facts in the case as shown by the uncontradicted evidence are that plaintiffs bought of defendants a stallion named “Merry Boy” under a written guarantee to the effect that with proper care and attention he would be a reasonably sure foal getter; that in case he proved barren they agreed to replace him with another horse of same breed and price upon delivery to defendants of “Merry Boy” as sound and in as good condition as when purchased. Plaintiffs were to pay. $1,600 for the horse, which was done by…
2Cases cited3 opinions
- Turner v. Chillicothe & Des Moines City RailroadSupreme Court of Missouri · 1873
- Wells v. SharpSupreme Court of Missouri · 1874
- Brown v. Hannibal & St. Joseph RailroadMissouri Court of Appeals · 1888
3Cited by2 opinions
- Porter v. WoodsSupreme Court of Missouri · 1897
- Hansberger v. Sedalia Electric Railway, Light & Power Co.Missouri Court of Appeals · 1900