Legal Opinion

Buss v. Allison Window Glass Co.

Missouri Court of Appeals

Decided December 14, 1909PublishedCited by 3 opinions

Appeal from St. Louis City Circuit Court. — Hon. Jesse A. McDonald, Judge. (1) The defendant not having rejected the machine within a reasonable time after receipt is liable for the contract price less any partial failure of consideration if any shown. Keystone Imp. Co. v. Leonard, 40 Mo. App. 477; Voss v. Maguire, 18 M'o. App. 477. (2) The burden was on the defendant to sLloav a breach of warranty and therefore plaintiff’s instruction was erroneously refused.

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Appeal from St. Louis City Circuit Court. — Hon. Jesse A. McDonald, Judge. (1) The defendant not having rejected the machine within a reasonable time after receipt is liable for the contract price less any partial failure of consideration if any shown. Keystone Imp. Co. v. Leonard, 40 Mo. App. 477; Voss v. Maguire, 18 M'o. App. 477. (2) The burden was on the defendant to sLloav a breach of warranty and therefore plaintiff’s instruction was erroneously refused. Branson v. Turner, 77 Mo. 489; Roth v. Wire Co., 94 Mo. App. 236. (1) As the court gave the two first declarations of law asked by…

1Opinion of the CourtNortoni, J.

This is a suit for the value of certain machinery installed by plaintiff in defendant’s glass factory. The finding and judgment were for the defendant and the plaintiff appeals.

The plaintiff is a manufacturer of machinery and the defendant owns and operates a glass factory at Centraba in the State of Illinois. It appears the defendant was desirous of installing a cast-iron hopper with certain appliances and connections in its factory for the purpose of imparting a dull finish to the glass in the process of manufacture. A similar machine or appliance was in operation in the Kerwin Ornamental…

2Cases cited6 opinions

  1. Brown v. WeldonSupreme Court of Missouri · 1889
  2. Compton v. ParsonsSupreme Court of Missouri · 1882
  3. Murphy v. GaySupreme Court of Missouri · 1866
  4. Barr v. BakerSupreme Court of Missouri · 1846
  5. Keystone Implement Co. v. LeonardMissouri Court of Appeals · 1890

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

3Cited by3 opinions

  1. Acme Harvesting Machine Co. v. GaspersonMissouri Court of Appeals · 1913
  2. Blickhan v. Trans World Airlines, Inc.Missouri Court of Appeals · 1957
  3. Noble v. NelsonMissouri Court of Appeals · 1911

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