Legal Opinion

Layson v. Wilson

Missouri Court of Appeals

Decided December 2, 1889PublishedCited by 5 opinions

Appeal from the Audrain Circuit Court. — Hon. E. M. Hughes, Judge. Statement of the case by the court. This is an action on the warranty of the qualities of a jack sold by defendant to plaintiffs.

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Appeal from the Audrain Circuit Court. — Hon. E. M. Hughes, Judge. Statement of the case by the court. This is an action on the warranty of the qualities of a jack sold by defendant to plaintiffs. The matters of complaint are fully set out in plaintiffs’ 'petition, the substance of which is as follows : “ That on or about the tenth day of February, 1887, in consideration that plaintiffs would buy a certain jack for the sum of five hundred dollars from defendant, he undertook and promised that the said jack was sound and a good, sure foal getter, and a quick jack to cover any mare inside…

1Opinion of the CourtGill, J.

From an examination of the record of this case we discover no substantia] reason for disturbing the judgment of the circuit court. Defendant’s ■ counsel make some complaint as to the two instructions given by the court of its own motion, but it seems the - court thereby fairly presented the issues made by the ■pleadings, and suggested by the evidence, for both parties to the cause. By instruction number 2 the jury were correctly advised that the measure of damages, if • they found for plaintiffs, was the difference between the value of the jack if .he had been as warranted and his value as he…

2Cited by5 opinions

  1. Denver Horse Importing Co. v. SchaferSupreme Court of Colorado · 1914
  2. Young v. VannattaMissouri Court of Appeals · 1905
  3. Perry v. VanmatreMissouri Court of Appeals · 1913
  4. McCormick Harvesting Machine Co. v. HeathMissouri Court of Appeals · 1896
  5. Kerr v. EmersonMissouri Court of Appeals · 1895

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