Massillon Engine & Thresher Co. v. Shirmer
Supreme Court of Iowa
Appeal from Kossuth District Gourt. — FIon. W. B. Quae-ton, Judge. ' Suit in equity to recover on notes given for the purchase price of a threshing machine outfit, and to foreclose a chattel mortgage given to secure the Same. Defense and counterclaim, failure of contract and breach of warranty. There was a judgment.for the defendant, from.which the plaintiff appeals.-
1Opinion of the CourtShebwin, J.
The threshing outfit purchased of the plaintiff consisted of a second-hand steam engine, for which the defendant agreed to pay $1,000, and a separator, a grain weigher, an automatic stacker, a self-feeder, and a water tank, together with a tnnk, pump, belting, and appliances ne*700cessary to properly operate such machinery, for which the defendant agreed to pay the further sum of $935; the total purchase price of the outfit being $1,935, for which stun the defendant executed his notes before the property was delivered to him. Later the self-feeder was returned to the plaintiff and credit therefor…
2Cases cited12 opinions
- Insurance Co. v. NortonSupreme Court of the United States · 1878
- Farnum v. Phoenix InsuranceCalifornia Supreme Court · 1890
- Ruthven Bros. v. American Fire InsuranceSupreme Court of Iowa · 1897
- Murphy v. Russell & Co.Idaho Supreme Court · 1901
- Nichols & Shepard Co. v. WiedemannSupreme Court of Minnesota · 1898
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3Cited by6 opinions
- First National Bank v. DutcherSupreme Court of Iowa · 1905
- Fairbanks v. . Supply Co.Supreme Court of North Carolina · 1915
- Fairbanks, Morse & Co. v. Twin City Supply Co.Supreme Court of North Carolina · 1915
- Westbrook v. Reeves & Co.Supreme Court of Iowa · 1907
- Sheafe v. ZastrowSouth Dakota Supreme Court · 1912
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