Lacey v. Straughan
Supreme Court of Iowa
Appeal from MahasJca District Court This was an action commenced before a justice of the peace to recover damages sustained by plaintiff in the sale of a horse to him by defendant. - Defendant appealed to the District Court, and upon the trial there, the court, against his objection, instructed the jury: “If you are satisfied that the defendant warranted the horse to be sound, and he was at the time in fact unsound, plaintiff will be entitled to the full value of the horse,…
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Appeal from MahasJca District Court This was an action commenced before a justice of the peace to recover damages sustained by plaintiff in the sale of a horse to him by defendant. - Defendant appealed to the District Court, and upon the trial there, the court, against his objection, instructed the jury: “If you are satisfied that the defendant warranted the horse to be sound, and he was at the time in fact unsound, plaintiff will be entitled to the full value of the horse, as he would have been if free from disease; and upon this subject you will not be confined to mere compensatory damages,…
1Opinion of the Court
Wright, J.1
This case was before us and affirmed at the last June Texan, upon the ground that while the instnxetion was erroneous, yet under the circumstances disclosed by the record, it was error without prejudice. Upon the appellant’s motion, a re-hearing was granted, and subsequent reflection and examination has satisfied us that the presumption of prejudice resulting from the erroneous instruction, is not sufficiently rebutted.
We understand plaintiff to claim as for a deceit px-acticed, as well as upon a warranty in the sale of the horse. He had a right to rely upon both, and the court…
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- Amos v. Prom, Inc.District Court, N.D. Iowa · 1953
- Pogge v. Fullerton Lumber Co.Supreme Court of Iowa · 1979
- Callanan v. Brown & Co.Supreme Court of Iowa · 1871
- Muchmore Equipment, Inc. v. GroverSupreme Court of Iowa · 1982
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