Ellyson v. Peden
Supreme Court of Iowa
Appeal from Cedar District Court. — Milo P. Smith, Judge. Action at law upon a promissory note given for the purchase price of a horse. Defendant pleaded a breach of warranty in the sale of the animal. He also pleaded a rescission of the contract, -because of the breach of warranty. He further pleaded false and fraudulent representations of the animal, and averred that he rescinded the sale because thereof.
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Appeal from Cedar District Court. — Milo P. Smith, Judge. Action at law upon a promissory note given for the purchase price of a horse. Defendant pleaded a breach of warranty in the sale of the animal. He also pleaded a rescission of the contract, -because of the breach of warranty. He further pleaded false and fraudulent representations of the animal, and averred that he rescinded the sale because thereof. The ease was submitted to the jury on the issue of breach of warranty alone, and a verdict for the defendant was returned by the jury, upon which judgment was rendered, and plaintiff…
1Opinion of the CourtDeemer, C. J.
1. Sales: warranties: "well broke horse": evidence: sufficiency I. The animal in question was sold at public sale by an auctioneer, and it is conceded that, when she was taken into the ring, the auctioneer announced, in substance, that she was “sound and well broke”. Plaintiff, hearing the announce- . ment, immediately stepped forward, and said, “No, she is not sound, she has got that wire mark,” pointing it out.- What further he said at this time is a matter somewhat in dispute. • Plaintiff testified that he said: “I had worked her and turned her out. I worked her the* summer of 1910.” He…
2Cases cited6 opinions
- Latham v. ShipleySupreme Court of Iowa · 1892
- Powell v. ChittickSupreme Court of Iowa · 1893
- Zimmerman v. BrannonSupreme Court of Iowa · 1897
- Hughes v. Funston & SmithSupreme Court of Iowa · 1867
- Tewkesbury v. BennettSupreme Court of Iowa · 1870
1 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- Thornton v. International Harvester Co. of AmericaSupreme Court of Iowa · 1922