Russell v. Mid-Western Homes & Truss, Inc.

Ray RUSSELL, d/b/a Russell Poultry Farm, Plaintiff-Respondent v. MID-WESTERN HOMES & TRUSS, INC., a corporation, and Art Vogel

Russell v. Mid-Western Homes & Truss, Inc., 514 S.W.2d 651 (Mo. Ct. App. 1974)

Court: Missouri Court of Appeals · State Appellate Courts
Decided: October 1, 1974
Docket: No. 35145
Judges: Clemens, Gunn, McMillian, Smith
Citations: 514 S.W.2d 6511974 Mo. App. LEXIS 1456

Cited by 7

Opinion of the Court — Smith

Text extracted by OCR from a scanned original; check the original for exact wording.

SMITH, Presiding Judge.

Defendants appeal from a judgment in accord with a jury verdict in a breach of warranty case. We affirm.

Plaintiff had a chicken house constructed. He purchased the trusses for the structure from the defendants. A jury could reasonably conclude from the evidence that plaintiff relied upon defendants to provide suitable roof trusses, that the trusses supplied were not suitable and that the non-suitability caused the chicken house to collapse to plaintiff’s damage. No contention is asserted that the evidence did not support the verdict.

Defendants objected to the qualifications of an expert witness. The witness’ expertise arose from his specialized experience with chicken houses rather than from his education. That is a permissible source of expertise. Tryon v. Casey, 416 S.W.2d 252 (Mo.App.1967) [4, 5]. We find no abuse of discretion by the trial court in permitting the witness to testify as an expert. Parlow v. Dan Hamm Drayage Co., 391 S.W.2d 315 (Mo.1965) [14-16].

*652 Defendants objected to the admission into evidence of certain plans furnished by plaintiff to defendants because of a lack of authentication in that the plans did not contain the signature of the person who prepared them. The plans were furnished to enable defendants to determine the design of the trusses to be used. The execution of the plans was not in issue, simply the fact of their delivery. Authentication of execution was unnecessary. Mincielli v. Sloan’s Moving and Storage Co., 303 S.W.2d 17 (Mo.1957) [4, 5].

Defendants also objected to certain testimony that these plans had been successfully used in structures similar to plaintiff’s. In view of defendants’ contention that the trusses were not defective but the plans were, this testimony was relevant. State v. Duncan, 499 S.W.2d 476 (Mo.1973) [5].

Judgment affirmed.

CLEMENS, McMILLIAN and GUNN, JJ., concur.

How later courts describe this case

No later court has written an explanatory parenthetical about this case yet.

Cited by 7 cases

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Relies on it most ⓘ

Lollar v. A.O. Smith Harvestore Products, Inc.795 S.W.2d 441 (Mo. Ct. App. 1990)
Washburn v. Grundy Electric Cooperative804 S.W.2d 424 (Mo. Ct. App. 1991)
Siebern v. Missouri-Illinois Tractor & Equipment Co.711 S.W.2d 935 (Mo. Ct. App. 1986)
Skelton v. General Candy Co.539 S.W.2d 605 (Mo. Ct. App. 1976)
Sturm v. Clark Equipment Co.547 F. Supp. 144 (W.D. Mo. 1982)
McCutcheon v. Cape Mobile Home Mart, Inc.796 S.W.2d 901 (Mo. Ct. App. 1990)

Most recent

Washburn v. Grundy Electric Cooperative804 S.W.2d 424 (Mo. Ct. App. 1991)
McCutcheon v. Cape Mobile Home Mart, Inc.796 S.W.2d 901 (Mo. Ct. App. 1990)
Lollar v. A.O. Smith Harvestore Products, Inc.795 S.W.2d 441 (Mo. Ct. App. 1990)
Siebern v. Missouri-Illinois Tractor & Equipment Co.711 S.W.2d 935 (Mo. Ct. App. 1986)
Riney v. Zenith Radio Corp.668 S.W.2d 610 (Mo. Ct. App. 1984)
Sturm v. Clark Equipment Co.547 F. Supp. 144 (W.D. Mo. 1982)

Citing references are not a citator: they show that a later opinion cites this case, not whether it followed, distinguished, or overruled it. Check negative history before relying on this case.

Authorities cited 4

Depth	Case	Cited by
	Parlow v. Dan Hamm Drayage Co., 391 S.W.2d 315 (Mo. 1965)	37
	State v. Duncan, 499 S.W.2d 476 (Mo. 1973)	16
	Tryon v. Casey, 416 S.W.2d 252 (Mo. Ct. App. 1967)	13
	Mincielli v. Sloan's Moving & Storage Co., 303 S.W.2d 17 (Mo. 1957)	10

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