Reeves & Co. v. Younglove
Supreme Court of Iowa
Appeal from Woodbury District Court. — Hon. J. F. Oliver, Judge. Action at law upon promissory notes given for the purchase price of a steam gang plow. Defendants pleaded breach of the warranty made by the plaintiff and a rescission of the contract of purchase. They also set up a counterclaim for damages. There was a verdict for defendants and for a recovery on their counterclaim. Plaintiff appeals.
1Opinion of the CourtWeaver, J.
It is conceded that defendants gave the notes in suit for the purchase price of a steam plow, that the plow was sold to the defendants for use by them in Saskatchewan, Canada, and that such sale was accompanied by a written contract of warranty. It is the claim of the defendants that upon delivery and trial of the plow it failed to do good work, that on notice of that fact plaintiff sent to them its agents, who endeavored to adjust it and make it per*153form as warranted, but failed so to do, and that thereupon they tendered a return of the plow, which was refused. They further aver that they…
2Cases cited1 opinion
- Reeves & Co. v. YoungloveSupreme Court of Iowa · 1910
3Cited by2 opinions
- AMCO Insurance Co. v. StammerCourt of Appeals of Iowa · 1987
- Case v. CaseSupreme Court of Iowa · 1929