Gaar-Scott & Co. v. Nelson
Missouri Court of Appeals
Appeal from Lewis Circuit Court. — Hon. Chas. D. Steivart, Judge. Where the contract or order for the sale of machinery contains a written warranty providing that, if the article sold fails, within a specified time after beginning to use it, to comply with the warranty, the purchaser shall give a certain specified written notice thereof to the company at its home office, and that, if the company should afterwards fail to remedy the defect, the purchaser shall return the…
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Appeal from Lewis Circuit Court. — Hon. Chas. D. Steivart, Judge. Where the contract or order for the sale of machinery contains a written warranty providing that, if the article sold fails, within a specified time after beginning to use it, to comply with the warranty, the purchaser shall give a certain specified written notice thereof to the company at its home office, and that, if the company should afterwards fail to remedy the defect, the purchaser shall return the article to the company at a specified place and give notice of its return to the company at its home office, it is held that…
1Opinion of the CourtReynolds, P. J.
(after stating the facts). — The principal part of this answering brief of respondents’ counsel is devoted to an attack upon the appeal and abstract. It is insisted in this part of the brief that we should dismiss or affirm for failure of appellant to file the transcript of the cause at the first term following the appeal, that transcript not having been filed until October 3rd, that being the first day of the October, 1910, term of our court. The appeal having been taken on the 4th of April, 1910, during the March term of the circuit court, and more than sixty days prior to our October term,…
2Cases cited7 opinions
- Nichols, Shepherd & Co. v. LarkinSupreme Court of Missouri · 1883
- Nichols-Shepard Co. v. RhoadmanMissouri Court of Appeals · 1905
- Bombeck v. BombeckMissouri Court of Appeals · 1885
- Banse v. TateMissouri Court of Appeals · 1895
- Jasper County Bank v. BartsMissouri Court of Appeals · 1908
2 more not listed; retrieve them via the Exa API.
3Cited by17 opinions
- Independent Steel & Wire Co. v. New Mexico Cent. R.New Mexico Supreme Court · 1918
- Yerxa, Andrews & Thurston v. Randazzo MacAroni Manufacturing Co.Supreme Court of Missouri · 1926
- Dugan v. TroutMissouri Court of Appeals · 1954
- Bank of Polk v. WoodMissouri Court of Appeals · 1915
- State Ex Rel. Piepmeier v. CamrenMissouri Court of Appeals · 1931
12 more not listed; retrieve them via the Exa API.