Jolliffe v. Collins
Supreme Court of Missouri
•Appeal from Andrew Circuit Court. Action for a balance due upon a bond for the direct payment of money. The defendants answered that the bond was given for the right to make, use and vend in certain counties in Indiana a patent right improvement in a revolving hay rake, and set up in substance three pleas : 1st. Want of consideration, because the patent right was useless and void. 2d.
Read the full summary
•Appeal from Andrew Circuit Court. Action for a balance due upon a bond for the direct payment of money. The defendants answered that the bond was given for the right to make, use and vend in certain counties in Indiana a patent right improvement in a revolving hay rake, and set up in substance three pleas : 1st. Want of consideration, because the patent right was useless and void. 2d. Fraudulent and deceitful representations in regard to the utility of the improvement, and 3d. Representations which amounted to a warranty. They asked judgment against plaintiffs for the amount paid upon the…
1Opinion of the CourtScott, Judge
1. Tbe plaintiffs, on the trial of tbe cause, read in evidence, without objection, the written contract for the sale of tbe patent right, which was the consideration of tbe bond on which this suit was brought. This conveyance or bill of sale of the patent right is entirely silent in relation to any warranty or representation as to the utility of the invention patented. There is nothing in it that can be construed to be a warranty of any quality of the invention. This being so, all question as to a warranty are beside the case, for it is a well established principle, that if a bill of sale…
2Cases cited1 opinion
- Van Ostrand v. ReedNew York Supreme Court · 1828
3Cited by12 opinions
- First National Bank v. PeckSupreme Court of Kansas · 1871
- Parker v. MarquisSupreme Court of Missouri · 1876
- Peters v. LohmanMissouri Court of Appeals · 1913
- Green v. WormanMissouri Court of Appeals · 1900
- Thomas v. WheelerSupreme Court of Missouri · 1871
7 more not listed; retrieve them via the Exa API.