Pitt's Sons' Manufacturing Co. v. Spitznogle
Supreme Court of Iowa
Appeal from Muscatine Ciroudt Court. This is an action in equity upon promissory notes, amounting to six hundred and thirty dollars, and to foreclose a mortgage executed to secure them upon one Chicago Pitts No. 2 Senior Separator. The defendant alleges that the notes were given for the purchase price of the thresher, and that they are without consideration, because of the breach of the written warranty under which the machine was sold.
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Appeal from Muscatine Ciroudt Court. This is an action in equity upon promissory notes, amounting to six hundred and thirty dollars, and to foreclose a mortgage executed to secure them upon one Chicago Pitts No. 2 Senior Separator. The defendant alleges that the notes were given for the purchase price of the thresher, and that they are without consideration, because of the breach of the written warranty under which the machine was sold. The defendant also claims damages in the sum of $470. The court rendered judgment against the defendant for $389.85. The defendant appeals.
1Opinion of the CourtDay, J.
The plaintiff's sold to the defendant the threshing machine in question, with the following warranty.
l. sam : warranty.; rescission of contract. “ Every machine we build is warranted to be well made, of good material in all its parts, and finished by skillful workmen and capable of cleaning and threshing grain , ° ° a and seeds fit tor market if well managed. If any . to J part of the machine shall fail through defective material within one year from date of order, the defective *37part shall be made good. It is further agreed, by and between the purchaser and IT. A. Pitt’s Sons’ Manufacturing…
2Cited by9 opinions
- Davis' Sons v. RobinsonSupreme Court of Iowa · 1885
- Davis' Sons v. ButrickSupreme Court of Iowa · 1885
- Westbrook v. Reeves & Co.Supreme Court of Iowa · 1907
- J. I. Case Threshing Machine Co. v. VennumSupreme Court Of The Territory Of Dakota · 1885
- Doughty v. LawSupreme Court of Iowa · 1916
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