W. H. Hoopes & Sons v. F. H. Simpson Fruit Co.
Supreme Court of Iowa
Appeal from Muscatine District Court. — M. F. TIonegan, Judge. Action to recover damages for breach of both an express and implied warranty, growing out of the sale of three carloads of apples by defendant to plaintiff. Defendant denied the alleged warranties, pleaded that plaintiff accepted the apples after inspection, and waived any warranty thereof.
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Appeal from Muscatine District Court. — M. F. TIonegan, Judge. Action to recover damages for breach of both an express and implied warranty, growing out of the sale of three carloads of apples by defendant to plaintiff. Defendant denied the alleged warranties, pleaded that plaintiff accepted the apples after inspection, and waived any warranty thereof. It also pleaded that plaintiff took possession of the apples without paying for the same, and thereafter, and after notice or knowledge of their condition, paid for at least two of the cars, and waived whatever warranty may have been made…
1Opinion of the CourtDeemer, J.
sales : porconTraettospection prior to payment: assumption of prc^erty1 over I. Plaintiff is a copartnership, engaged in buying, selling and shipping- fruit and vegetables, with its home ' office at Muscatine, Iowa, and defendant is a corporation engaged in the same business at Flora, Illinois. On October 18th, 18th and 22d, plaintiff ordered of defendant three cars of apples, one to be shipped to Iron wood, Michigan, another to Plainview, Minnesota, and the third to What Cheer, Iowa. It is claimed that each and every car ivas warranted and represented to he No. 1, good, merchantable, sound…
2Cases cited9 opinions
- Upton Manuf'g Co. v. HuiskeSupreme Court of Iowa · 1886
- Aultman, Miller & Co. v. TheirerSupreme Court of Iowa · 1872
- Electric Storage Battery Co. v. Waterloo, Cedar Falls & Northern Railway Co.Supreme Court of Iowa · 1908
- Hirshhorn & Co. v. StewartSupreme Court of Iowa · 1878
- Allison v. VaughanSupreme Court of Iowa · 1875
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3Cited by5 opinions
- Reed v. BungerSupreme Court of Iowa · 1963
- Rasmus v. AO Smith CorporationDistrict Court, N.D. Iowa · 1958
- Hover v. Mac Donald Engineering Co.District Court, S.D. Iowa · 1960
- Farmers State Bank v. CookSupreme Court of Iowa · 1960
- A. Y. McDonald Co. v. MorrisonSupreme Court of Iowa · 1930