Legal Opinion

McGrew v. Forsythe

Supreme Court of Iowa

Decided January 28, 1870PublishedCited by 10 opinions

Appeal from Wapello District Oov/rt. This action was brought on a promissory note, made by the defendants to the plaintiff, for $441, with interest. The defendants answered, admitting the execution of the note, and averring that it was made for the purchase-money of a lot of sheep sold by the plaintiff to defendants at a public sale, that said sheep were warranted sound by plaintiff, and that said warranty has been broken, etc.

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Appeal from Wapello District Oov/rt. This action was brought on a promissory note, made by the defendants to the plaintiff, for $441, with interest. The defendants answered, admitting the execution of the note, and averring that it was made for the purchase-money of a lot of sheep sold by the plaintiff to defendants at a public sale, that said sheep were warranted sound by plaintiff, and that said warranty has been broken, etc. JBy agreement of parties, the cause was tried before a referee, who found a' general finding for plaintiff for $510.51, the amount then due on the note; and also…

1Opinion of the CourtMiller, J.

— From the numerous special findings of the referee, it appears that the plaintiff, on the 29th day of July, 1866, made a sale of his personal property on his farm, including a lot of one hundred and eleven head of sheep; that one J. Barnes was the auctioneer; that, after selling the household goods, the auctioneer proceeded to sell the sheep, saying, “ here is a nice lot of young, sound sheep;” that the defendant heard this statement of the auctioneer, but the plaintiff did not; that the auctioneer had no directions or instructions from plaintiff to warrant or not to warrant the sheep ; that…

2Cases cited4 opinions

  1. Holmes v. ClarkSupreme Court of Iowa · 1860
  2. House v. FortIndiana Supreme Court · 1837
  3. Humphreys v. ComlineIndiana Supreme Court · 1847
  4. Ender v. ScottIllinois Supreme Court · 1849

3Cited by10 opinions

  1. Dull v. Cleveland, Cincinnati, Chicago & St. Louis Railway Co.Indiana Court of Appeals · 1899
  2. Richardson v. CoffmanSupreme Court of Iowa · 1893
  3. Figge v. HillSupreme Court of Iowa · 1883
  4. Larson v. CalderNorth Dakota Supreme Court · 1907
  5. Ellis v. BarkleySupreme Court of Iowa · 1913

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