Emery v. G. H. Boehmer Shoe Co.
Missouri Court of Appeals
Appeal from. St. Louis City Circuit Court. — Hon. George H. Williams, Judge. (1) This was a sale by sample, and there was an implied warranty that tbe goods sold would be of quality equal to the sample. Yoss v. Maguire, 18 Mo. App. 477; Fruit Co. v. Lane, 101 Mo. App. 712; Schoenberg v. Loker, 88 Mo.
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Appeal from. St. Louis City Circuit Court. — Hon. George H. Williams, Judge. (1) This was a sale by sample, and there was an implied warranty that tbe goods sold would be of quality equal to the sample. Yoss v. Maguire, 18 Mo. App. 477; Fruit Co. v. Lane, 101 Mo. App. 712; Schoenberg v. Loker, 88 Mo. App. 387. (2) The contract of sale in this case is what is known as an executory contract, in which there was an implied warranty from plaintiff to defendant that the shoes would be merchantable. Mechem on Sales, sec. 1340; Atkins Bros. v. Crain Co., 119 Mo. App. 119; Cereal Co. v. Lumber Co.,…
1Opinion of the CourtNortoni, J.
This is a suit on an account for goods sold and delivered, amounting in all to $1405.15, with interest thereon. At the conclusion of all of the evidence, the court peremptorily instructed a verdict for plaintiffs and defendant prosecutes the appeal.
Plaintiffs are copartners and as such engaged in the business of manufacturing shoes in Massachusetts. Defendant is a retail shoe merchant in St. Louis. It appears that defendant purchased the shoes involved, by sample, through plaintiffs’ salesman, and they were manufactured by plaintiffs and shipped accordingly. The shoes were shipped in two…
2Cases cited9 opinions
- Pierson v. . CrooksNew York Court of Appeals · 1889
- Cobb v. . HatfieldNew York Court of Appeals · 1871
- George T. Smith Middlings Purifier Co. v. RembaughMissouri Court of Appeals · 1886
- Tower v. PaulyMissouri Court of Appeals · 1892
- Manley v. Crescent Novelty Manufacturing Co.Missouri Court of Appeals · 1903
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3Cited by7 opinions
- Kesinger v. BurtrumMissouri Court of Appeals · 1956
- Hymer v. Dude Hinton Pontiac, Inc.Missouri Court of Appeals · 1960
- Bisesi v. Farm & Home Savings & Loan Ass'n of MissouriMissouri Court of Appeals · 1935
- Monarch Metal Weather-Strip Co. v. HanickMissouri Court of Appeals · 1913
- Applebaum v. Falco Leasing Co.Missouri Court of Appeals · 1969
2 more not listed; retrieve them via the Exa API.