McCormick & Bro. v. Dunville
Supreme Court of Iowa
Appeal from Jones Circuit Court. The plaintiffs claim of defendant $100 and interest on a promissory note dated June 4, 1866, due thirty-one months after date. The defendant filed an answer and cross-claim.
Read the full summary
Appeal from Jones Circuit Court. The plaintiffs claim of defendant $100 and interest on a promissory note dated June 4, 1866, due thirty-one months after date. The defendant filed an answer and cross-claim. The answer admits the execution of the note, that plaintiffs own it and that it is not paid; and alleges that it was given in part payment of a reaping and mowing machine purchased of plaintiffs by defendant, which plaintiffs warranted to be a good reaping machine, sound in every respect, and that it would reap ten or twelve acres of grain and cut ten acres of grass per day. And that…
1Opinion of the Court
Day, J.—
The testimony in chief of the defendant, respecting the purchase of the machine, is as follows: “ About the 1st of June, 1866, I called on O. Gable, agent of plaintiffs at Anamosa, to receive from him some money, amounting to $20, that he was owing me. He wanted me to buy a machine and he would turn what he owed me as part payment. I told him if the machine would work as well as any other machine I would take one. He warranted it to be sound and that it would cut ten or twelve acres of grain, and eight or ten acres of grass per day. He said that it was as good as any other combined…
2Cases cited4 opinions
- Aultman, Miller & Co. v. TheirerSupreme Court of Iowa · 1872
- Bomberger, Wright & Co. v. GrienerSupreme Court of Iowa · 1865
- Williams v. DonaldsonSupreme Court of Iowa · 1859
- Gammar v. BorgainSupreme Court of Iowa · 1869
3Cited by7 opinions
- Kingman & Co. v. WatsonWisconsin Supreme Court · 1897
- Obenchain Boyer v. Incorporated Town of RoffSupreme Court of Oklahoma · 1911
- Thomas China Co. v. C. W. Raymond Co.Court of Appeals for the Sixth Circuit · 1905
- Moore v. EmersonMissouri Court of Appeals · 1895
- Tunell v. D. M. Osborne & Co.Supreme Court of Minnesota · 1883
2 more not listed; retrieve them via the Exa API.