Perry v. Vanmatre
Missouri Court of Appeals
Appeal from McDonald County Circnit Conrt.—Hon. Carr McNatt, Judge. (1) Instructions A and B given for the defendant are in direct conflict with No. 1 given for plaintiff. This is reversible error.
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Appeal from McDonald County Circnit Conrt.—Hon. Carr McNatt, Judge. (1) Instructions A and B given for the defendant are in direct conflict with No. 1 given for plaintiff. This is reversible error. Bluedorn v. Railroad, 108 Mo. 449'; Baker v. Railroad, 122 Mo. 595; Frederick v. Alger, 88 Mo. 602; Stone v. Hunt, 94 Mo. 479; Mansur-Tibbetts Co. v. Richie, 143 Mo. 612; Majtylock v. Coal Co., 188 Mo. 283; Sheperd v. Transit Co., 1&9 Mo. 373. (2) The instructions for defendant do not conform to the defense set up in the answer. Houston v. Tyler, 140 Mo. 264; Burk v. Pence, 206 Mo. 332. (3)…
1Opinion of the CourtFarrington, J.
Rube, a big Kentucky jackass, is the subject of this action. Rube died before the litigation commenced and knows nothing of the trouble he left behind. An alleged warranty concerning what he was and what he was capable of doing at the time he was sold to defendant by the plaintiff is presented for review.
The petition counts on a note for $1000, given by defendant to plaintiff in consideration of two jacks, Rube and Frank, on which note with interest, after *103deducting credits, there was alleged to be due the sum of $750.
Defendant in his answer admitted buying the jacks and executing the note,…
2Cases cited16 opinions
- Morton v. HeidornSupreme Court of Missouri · 1896
- Caldwell v. StephensSupreme Court of Missouri · 1874
- Kornegay v. WhiteSupreme Court of Alabama · 1846
- Cordes v. StraszerMissouri Court of Appeals · 1879
- Alvin Fruit & Truck Ass'n v. HartmanMissouri Court of Appeals · 1909
11 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Turner v. Central Hardware Co.Supreme Court of Missouri · 1945
- McGregor v. General Accident, Fire & Life Assurance Corp.Supreme Court of North Carolina · 1938
- Davies v. Motor Radio Co.Missouri Court of Appeals · 1951
- Mitchell v. RudasillMissouri Court of Appeals · 1960
- Fabick Bros. Equipment Co. v. LerouxMissouri Court of Appeals · 1964
4 more not listed; retrieve them via the Exa API.