Wetter Bros. v. Otto
Supreme Court of Iowa
'Appeal from Calhoun District Court. — M. E. Hutchison, Judge. Action for the price of a corn hinder resulted in a verdict for plaintiff. On motion of the defendant, the verdict was set aside and a new trial ordered. The plaintiff appeals.
1Opinion of the CourtLadd, J.
1. Pleading: issue, proof and variance: quantum of proof: warranty. I. The plaintiff is a partnership, composed of Charles H. and E. W. Wetter, and sues for $135, the purchase price of the corn binder alleged to have been sold to the defendant about August 5, 1914. The defendant admitted in his answer that he negotiated for the binder at the price stated, but alleged that it was agreed between the parties that, if the binder “did not run so as to give entire satisfaction to defendant, he, the defendant, would not be required to settle for it at all or pay anything for it;” that he hauled the…
2Cases cited10 opinions
- McCormick Harvesting Machine Co. v. ChesrownSupreme Court of Minnesota · 1884
- Eginoire v. Union CountySupreme Court of Iowa · 1900
- Inman Manufacturing Co. v. American Cereal Co.Supreme Court of Iowa · 1907
- Rice v. Friend Bros.Supreme Court of Iowa · 1917
- Reynolds v. Lyon CountySupreme Court of Iowa · 1903
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3Cited by3 opinions
- Advance-Rumely Thresher Co. v. WhartonSupreme Court of Iowa · 1930
- Anderson v. Sheehan-Bartling, Inc.South Dakota Supreme Court · 1960
- Anderson v. Sheehan-Bartling, Inc.South Dakota Supreme Court · 1960