24 Mo. App. 36 | Mo. Ct. App. | 1886
delivered the opinion of the court.
This was an action for the purchase price of a machine called a harvester. The action was brought on the thirtieth of August, 1884. The action was upon a written contract, by the terms of which the purchase price of the machine was to be settled in a note, payable September 1, 1884, which contract was signed by the defendant. The defendant, in an amended answer, set up, among other thing's, that he was to have until September 1, 1884, to meet the note. The first witness for the plaintiff, the plaintiff’s agent, by whom the machine was sold to the defendant, testified on cross examination that this was the agreement. The defendant repudiated the whole contract on the second day after the machine was delivered to him, on the ground that the machine would not work, and he refused to allow the expert, sent by the plaintiff, an opportunity of trying the machine and correcting the defect ; would not let him have his horses for that purpose, nor use his wheat field for that purpose. The plaintiff gave evidence to the effect that he had demanded settlement of the defendants, but their testimony was to the effect that they had never demanded of him that he execute the note as required by the contract.
We shall accordingly take the course of reversing the judgment and remanding the cause. It is so ordered.'