Western Electric Co. v. Baerthel
Supreme Court of Iowa
Appeal from Cedar Rapids Superior Court.— Hon. J. H. Rothrook, Judge. Suit to recover tbe contract price of an engine and electrical supplies sold to tbe defendants. There was a directed verdict for tbe plaintiff, and from a judgment thereon the defendants appeal.
1Opinion of the Court
Sherwin, O. J.
There was a written contract between these parties by tbe terms of which tbe plaintiff agreed to furnish to tbe defendants f. o. b. car at Cedar Rapids, Iowa, an engine of certain size and power and two electric generators, described and warranted as follows:
There will be two generators, one 25 K. W., 550 volts which is equivalent to 33 H. P.— the other will be of 15 K. W., 125 volts and have a capacity of two hundred and forty (240) 16 candle power incandescent lamps. We guarantee these generators to be free from any inherent electrical or mechanical defects. We further…
2Cases cited3 opinions
- Blackmore v. Fairbanks, Morse & Co.Supreme Court of Iowa · 1890
- Mast & Co. v. Pearce & CowanSupreme Court of Iowa · 1882
- Meader v. AllenSupreme Court of Iowa · 1900
3Cited by10 opinions
- Bank of Bushnell v. Buck Bros.Supreme Court of Iowa · 1913
- Electric Storage Battery Co. v. Waterloo, Cedar Falls & Northern Railway Co.Supreme Court of Iowa · 1908
- Annis v. BurnhamNorth Dakota Supreme Court · 1906
- Waukee Savings Bank v. JonesSupreme Court of Iowa · 1916
- Davenport Ladder Co. v. Edward Hines Lumber Co.Court of Appeals for the Eighth Circuit · 1930
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