Joy v. Bitzer
Supreme Court of Iowa
Appeal from Pottawattamie District Court. — Hon. George Carson, Judge. Action to recover damages alleged to be due by reason of fraud and breach of warranty in the sale of ponies. There was a trial by jury, and a verdict and judgment for plaintiff. The defendant appeals.
1Opinion of the CourtRobinson, J.
The petition contains two counts. In the first it is alleged, in substance, that plaintiff purchased of defendant twenty-three ponies and one colt, for the stipulated price of five hundred and twenty-three dollars; that said ponies and colt were represented and warranted to be sound and free from contagious and *75infectious diseases, and that plaintiff relied upon said representations and warranty in making the purchase ; that in fact said animals were diseased with a contagious and infectious disease, from which fifteen of them died; that said disease was communicated to other stock of…
2Cases cited10 opinions
- Jeffrey v. BigelowNew York Supreme Court · 1835
- Parker v. MarquisSupreme Court of Missouri · 1876
- Wheeler v. RandallIllinois Supreme Court · 1868
- Hill v. HollowaySupreme Court of Iowa · 1879
- Faris v. LewisCourt of Appeals of Kentucky · 1842
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3Cited by27 opinions
- Tallent v. FoxCourt of Appeals of Tennessee · 1940
- Stoke v. ConverseSupreme Court of Iowa · 1911
- Ambrose v. HackertSupreme Court of Iowa · 1950
- Alexander v. WalkerCourt of Appeals of Texas · 1922
- Helland v. Yellow Freight System, Inc.Supreme Court of Iowa · 1973
22 more not listed; retrieve them via the Exa API.