White v. Miller
Supreme Court of Iowa
Appeal from Jasper District Court.— Hon. John H. Soott, Judge. Action to recover part of tbe purchase price of a cow sold by defendant to plaintiff, upon a claim that the sale was rescinded for breach of warranty. Damages are also asked for expenses incurred in feeding the animal. Many defenses were pleaded, to some of which we shall hereinafter refer. There was a directed verdict for defendant, and plaintiff appeals.
1Opinion of the CourtDeemer, J.
At a public sale of fine stock, held in Omaha, Neb., in March of the year 1903, plaintiff purchased of defendant an Aberdeen Angus cow, known as “ Clover-land Jet,” with a bull calf six weeks old, “ by her side,” for the gross sum of $300. The animals were sold with this warranty :
A cow with calf is regarded as one animal. Every animal at purchaser’s risk after being knocked down to *145them. Same will be cared for until the proper time for shipment arrives, when they will be turned over to the Union Stock Yards Company. Terms of sale are cash unless other arrangements are made with the owner…
2Cases cited8 opinions
- United States v. Central Pacific RailroadSupreme Court of the United States · 1886
- Franklin Life Insurance v. WallaceIndiana Supreme Court · 1884
- Moore v. Wabash, St. Louis & Pacific Railway Co.Supreme Court of Missouri · 1884
- Thrall v. NewellSupreme Court of Vermont · 1847
- Field v. LeiterIllinois Supreme Court · 1886
3 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Butler Manufacturing Co. v. Elliott & CoxSupreme Court of Iowa · 1930
- Lane v. Crescent Beach Lodge & Resort, Inc.Supreme Court of Iowa · 1972
- Federal Land Bank of Omaha v. BollinSupreme Court of Iowa · 1987
- Harvey Construction Co. v. ParmeleSupreme Court of Iowa · 1962
- Advance-Rumely Thresher Co. v. WhartonSupreme Court of Iowa · 1930
3 more not listed; retrieve them via the Exa API.