Cline v. Mock
Missouri Court of Appeals
Appeal from Sullivan Circuit Court. — Hon. John P. Butler, Judge. (T) The. modification by the court of instruction number 6 asked by the defendants by adding to said instruction the proviso at the end thereof, which proviso we will hereinafter set out in italics in said instruction, we assign as error not only in said instruction 6 but in all the other modifications of defendants’ instructions carried out, also in those given by the plaintiff.
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Appeal from Sullivan Circuit Court. — Hon. John P. Butler, Judge. (T) The. modification by the court of instruction number 6 asked by the defendants by adding to said instruction the proviso at the end thereof, which proviso we will hereinafter set out in italics in said instruction, we assign as error not only in said instruction 6 but in all the other modifications of defendants’ instructions carried out, also in those given by the plaintiff. The doctrine of implied warranty of the fitness of a chattel for the purpose for which it is sold is not inflexible. Where a chattel is sold, of…
1Opinion of the CourtBroaddus, P. J.
The plaintiff sues for damages on an implied warranty in the sale of certain seed.
Plaintiff alleges that the defendants sold him fifty pounds of seed of the kind and quality known as “orange cane seed;” that he believed it was such, and that defendants knew he was buying the seed for the purpose of planting several acres of ground. Plaintiff further alleges that the seed so purchased was a mixture of kaffir corn, broom corn and various.kinds of cane seed; that the crop raised from the seed was worthless; and that he was damaged thereby in the sum of four hundred dollars.
The defendants…
2Cases cited6 opinions
- Standley v. Atchison, Topeka & Santa Fe Railway Co.Missouri Court of Appeals · 1906
- Knight Bros. v. Chicago, Rock Island & Pacific RailroadMissouri Court of Appeals · 1906
- New Birdsall Co. v. KeysMissouri Court of Appeals · 1903
- Moore v. KogerMissouri Court of Appeals · 1905
- Reynolds v. Western Union Telegraph Co.Missouri Court of Appeals · 1899
1 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- E. P. Moorhead v. Minneapolis Seed Co.Supreme Court of Minnesota · 1917
- The Belt Seed Co. v. Mitchelhill Seed Co.Missouri Court of Appeals · 1941
- McIntyre v. Kansas City Coca Cola Bottling Co.District Court, W.D. Missouri · 1949
- Barton v. DowisSupreme Court of Missouri · 1926
- Blackburn v. Carlson Seed CompanyMissouri Court of Appeals · 1959
4 more not listed; retrieve them via the Exa API.