Walter A. Wood Mowing & Reaping Machine Co. v. Bobbst
Missouri Court of Appeals
Appeal from the Montgomery Circuit Court, — Hon E. M. Hughes, Judge. An instruction on the whole ease must tender all the issues on both sides. FLayner v. Churchill, 29 Mo. App. 676; Brownfield v. Ins. Co., 26 Mo. App. 399; State v. Brumley, 53 Mo. App. 130; Birtwhistle v. Woodward, 94 Mo. 113. The essential conditions of the conditional contract with which defendant failed to comply, according to plaintiff’s theory, are omitted from defendant’s instruction.
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Appeal from the Montgomery Circuit Court, — Hon E. M. Hughes, Judge. An instruction on the whole ease must tender all the issues on both sides. FLayner v. Churchill, 29 Mo. App. 676; Brownfield v. Ins. Co., 26 Mo. App. 399; State v. Brumley, 53 Mo. App. 130; Birtwhistle v. Woodward, 94 Mo. 113. The essential conditions of the conditional contract with which defendant failed to comply, according to plaintiff’s theory, are omitted from defendant’s instruction. The conditions are, that if the machine was set up and operated as per directions and it did not work, written notice must be given, and…
1Opinion of the CourtRombauer, P. J.
— The plaintiff sued the defendant for the contract price of a harvester and binder *429sold by him to the latter. Upon the trial of the cause before a jury the defendant recovered a verdict. From the judgment rendered on that verdict the plaintiff appeals, and he assigns for error the admission of irrelevant evidence, and the giving of erroneous instructions.
The defendant’s answer set up that the machine was sold to him with the plaintiff’s written guarantee, that it would do first-class work as a combined reaper and binder in every respect; that it did not work; that it would not do good work'…
2Cases cited4 opinions
- Boyer v. NeelMissouri Court of Appeals · 1892
- McNichols v. NelsonMissouri Court of Appeals · 1891
- Birtwhistle v. WoodwardSupreme Court of Missouri · 1888
- State v. BrumleyMissouri Court of Appeals · 1893
3Cited by9 opinions
- Dugan v. TroutMissouri Court of Appeals · 1954
- Bank of Polk v. WoodMissouri Court of Appeals · 1915
- Acme Harvesting Machine Co. v. GaspersonMissouri Court of Appeals · 1913
- Brooks Tire Machine Co. v. WellsMissouri Court of Appeals · 1914
- Advance Rumley Thresher Co. v. Briggs Hardware Co.Missouri Court of Appeals · 1918
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