Layson v. Wilson
Missouri Court of Appeals
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
- Denver Horse Importing Co. v. SchaferSupreme Court of Colorado · 1914
- Young v. VannattaMissouri Court of Appeals · 1905
- Perry v. VanmatreMissouri Court of Appeals · 1913
- McCormick Harvesting Machine Co. v. HeathMissouri Court of Appeals · 1896
- Kerr v. EmersonMissouri Court of Appeals · 1895