76 Mo. 455 | Mo. | 1882
I.
When a cause comes by appeal from a justice of the peace to the circuit court, it is to be tried de novo. R. S-. 1879, § 3052. And the defendant may avail himself of any defense he may have, whether offered in
II.
If the “ water drawer ” was worthless for the purpose for which it was purchased, this was a valid defense as showing an entire failure of consideration, and this, whether defendant returned or offered to return the machine or not, or failed to notify plaintiff of its worthlessness. Murphy v. Gay, 37 Mo. 535, and cases cited. Result: Judgment .reversed and cause remanded.