Missouri Appeal Reports Volume 150

Missouri Appeal Reports Volume 150

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This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1911 edition. Excerpt: ...which the buyer would have raised, had the "seed been as warranted, was shown with reasonable certainty, damages awarded at the latter valuation were not based upon a remote and problematical contingency. Appeal from Sullivan Circuit C0urt.----Hon. John P. Butler, Judge. AFFIRMED. A, G. Knight, John W'. Bingham and R. E. Ash for appellants. (1'_) 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 iI1 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 which the seller is not the manufacturer nor the grower of the article sold and no fraud is shown and where the buyer has an opportunity to inspect it, the doctrine of caveat emptor applies. And in such a case there is no implied warranty covering defects which might have been detected by reasonable inspection that the article was fit for the purpose for which it was employed. Machinery Co. v. Foundry and Machinery Co., 131 Mo. App. 540; McCaa v. Drug Co., 114 Ala. 74; Cafre v. Lockwood, 22 App. Div. 11; Strauss v. Salzer, 109 N. Y. Supp. 734; Livingston v. Stevenson, 163 Pa. 262; Reynolds v. Electric Co., 73 C. G. A. 23; Powder Mfg. Co. v. Brady, 4 App. Div. 95, 38, N. Y. Supp. 545. (2) A sale by a grain 'dealer of spring wheat for seed proved 'to be winter wheat and the crop was lost. It was held there was no warranty, the buyer having inspected, ...show more

Product details

  • Paperback | 280 pages
  • 189 x 246 x 15mm | 503g
  • Rarebooksclub.com
  • United States
  • English
  • black & white illustrations
  • 1236799550
  • 9781236799555