Johnson v. Sproull
Missouri Court of Appeals
Appeal from the St. Clair Circuit Court. — Hon. D. P. Stratton, Judge. Tire court erred in giving instruction, numbered 2, of its own motion. The term, sowing flax seed, does not imply or warrant that the seed will grow when sown. Shisler v. Baxter, 58 Am. Rep. 738. (1) Under the contract sued on, there was an implied warranty that the flax seed was to be fit for sowing and raising a crop, that is, that it would grow. Shaw v. Smith, 11 Law Rep.
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Appeal from the St. Clair Circuit Court. — Hon. D. P. Stratton, Judge. Tire court erred in giving instruction, numbered 2, of its own motion. The term, sowing flax seed, does not imply or warrant that the seed will grow when sown. Shisler v. Baxter, 58 Am. Rep. 738. (1) Under the contract sued on, there was an implied warranty that the flax seed was to be fit for sowing and raising a crop, that is, that it would grow. Shaw v. Smith, 11 Law Rep. (annotated) 681, also reported in 45 Kan. 334. This is a Kansas case, and the suit was upon a flax-seed contract identical in its terms with the one…
1Opinion of the CourtGill, J.
— This action is based on the following instrument:
“Montrose, Mo., April 13, 1889.
“On or before the first day of September, 1889, I promise to pay to the order of O. F. Johnson, at Montrose, Missouri, $24, for value received, with interest-after maturity at the rate of ten per cent, per annum until paid.
“This note is given in part consideration for the sale to me of sixteen bushels of sowing flax seed by O. E. Johnson, and, as a further consideration therefor, we agree to sow, harvest and stack the same in proper and careful manner, and deliver to O. E. Johnson at Montrose, on or before the…
2Cases cited4 opinions
- Brown v. WeldonSupreme Court of Missouri · 1889
- Brown v. WeldonMissouri Court of Appeals · 1887
- G. B. Shaw & Co. v. SmithSupreme Court of Kansas · 1891
- Compton v. ParsonsSupreme Court of Missouri · 1882
3Cited by6 opinions
- Grisinger v. HubbardIdaho Supreme Court · 1912
- Moore v. KogerMissouri Court of Appeals · 1905
- Blackburn v. Carlson Seed CompanyMissouri Court of Appeals · 1959
- Wapato Fruit & Cold Storage Co. v. DenhamWashington Supreme Court · 1923
- Hargrove v. LewisMissouri Court of Appeals · 1958
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