Advance Thresher Co. v. Pierce
Missouri Court of Appeals
Appeal from the Audrain Circuit Court. — Hon. E. M. Hughes, Judge. The pleading of defendants as to waiver and their evidence are fiction and unsupported. The waiver then being out of the way the defendants must fail in their defense. They have not performed the condition precedent. Nichols, Sheperd A general denial in an action of replevin is sufficient to raise the question of waiver.
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Appeal from the Audrain Circuit Court. — Hon. E. M. Hughes, Judge. The pleading of defendants as to waiver and their evidence are fiction and unsupported. The waiver then being out of the way the defendants must fail in their defense. They have not performed the condition precedent. Nichols, Sheperd A general denial in an action of replevin is sufficient to raise the question of waiver. This plea, under the code, “puts in issue the plaintiff’s right to the possession of the property at the commencement of the action and every collateral fact necessary to the establishment of the same.” Oester…
1Opinion of the CourtBland, P. J.
— The appellant is a Michigan corporation. On or about the thirtieth day of May, 1895, respondents purchased from appellant, through its local agent, H. L. Ahlfeldt, at Laddonia, Missouri, one fifteen horse power compound steam traction engine and one grain separator, with the usual fixtures and appendages, for which they executed their note to appellant for $1,115. At the same time they purchased and ordered a straw stacker,known as the “Uncle Tom,” under the following written stipulations and warranties:
■ “Dated at Benton Cm, Mo., May 30th, 1895. “Advance Thresher Company, Battle Creelt,…
2Cases cited4 opinions
- Haysler v. OwenSupreme Court of Missouri · 1875
- Mohney v. ReedMissouri Court of Appeals · 1890
- Johnson County v. LoweSupreme Court of Missouri · 1880
- Pugh v. WilliamsonMissouri Court of Appeals · 1895
3Cited by3 opinions
- Nevius v. MooreSupreme Court of Missouri · 1909
- Gale v. SalasNew Mexico Supreme Court · 1901
- State Ex Rel. Booker v. BlandSupreme Court of Missouri · 1946