National House Importing Co. v. Novak
Supreme Court of Iowa
Appeal from Johnson District Court. — Hon. S. H. Fairall, Judge. Action for judgment on a promissory note. Defense, failure of consideration. Counterclaim for damages. Jury trial. Verdict and judgment for defendant. Plaintiff appeals—
1Opinion of the CourtKinne, J.
I. This is an action upon the first of a series of three promissory notes, for two> hundred dollars each, which were given for the purchase price of a stallion, called “Harvester.” The defense is a denial that anything is due; also a counterclaim for a breach of warranty of the horse, in the sum of five hundred and fifty dollars, and the further sum of four hundred and thirty dollars special damages for money expended in advertising and in the care and feed of said horse. The jury, in answer to certain special interrogatories', found •that plaintiff warranted the horse to be a sure foal…
2Cases cited4 opinions
- Schultz v. CremerSupreme Court of Iowa · 1882
- Figge v. HillSupreme Court of Iowa · 1883
- Carter v. AbbottSupreme Court of Iowa · 1871
- Heffner v. BrownellSupreme Court of Iowa · 1889
3Cited by1 opinion
- Mulvaney v. BurroughsSupreme Court of Iowa · 1911