Hefner v. Haynes
Supreme Court of Iowa
Appeal from Page District Court. — Hon. A. B. Thornell, Judge. Action in equity by which the plaintiff demands judgment on certain promissory notes, and the foreclosure of a chattel mortgage given to secure the same. The notes were executed by the defendant to the plaintiff for the purchase money of a stallion.
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Appeal from Page District Court. — Hon. A. B. Thornell, Judge. Action in equity by which the plaintiff demands judgment on certain promissory notes, and the foreclosure of a chattel mortgage given to secure the same. The notes were executed by the defendant to the plaintiff for the purchase money of a stallion. The defendant answered, averring a breach of warranty of the stallion, and also set up a counterclaim, and demanded judgment for money paid on the notes, and for expenses attendant upon keeping the horse. There was a hearing on the merits, and a decree dismissing the petition at the…
1Opinion of the CourtRothrock, J.
The evidence shows that at the time of the purchase, .and as evidence of the contract, the plaintiff delivered to the defendant an instrument partly written and partly printed, and signed by the plaintiff. The following is a copy of said instrument.
*617“Office of O. O. Hefnee, Importer of English Shire Draft Horses. A choice lot of superior horses constantly on hand, for sale at reasonable prices. Every animal registered, and guaranteed a breeder. Time given, if required.
“Nebeaska City, Neb., December 4, 1888.
“Sold this day to J. L. Haynes one imported horse, and, if said horse don’t give…
2Cited by14 opinions
- J. I. Case Threshing MacHine Co. v. E. B. Hall & Keating Implement Co.Court of Appeals of Texas · 1903
- Drager v. Carlson Hybrid Corn Co.Supreme Court of Iowa · 1952
- Denver Horse Importing Co. v. SchaferSupreme Court of Colorado · 1914
- Clear Lake Co-Operative Live Stock Shippers' Ass'n v. WeirSupreme Court of Iowa · 1925
- Highsmith v. HammondsSupreme Court of Arkansas · 1911
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