Mattauch v. Riddell Automobile Co.
Supreme Court of Iowa
Appeal from Polk District Court.— Hon. W. H. McHenry, , Judge. Action to recover the purchase price of an automobile alleged to have been purchased by plaintiff from the defendant under warranty for breach of which plaintiff had elected to rescind the sale. There was a directed verdict for the defendant, and from judgment thereon plaintiff appeals.—
1Opinion of the CourtMcClain, J.
In August, 1905, plaintiff entered into negotiations with defendant respecting the purchase from defendant of an automobile which had already been in use for one year, and for which plaintiff was to give in exchange an electric automobile at the agreed price of $500 and pay in cash $1,000. Being unable to make the cash payment, the parties made an arrangement, on September 11th, by which plaintiff gave his note secured by a mortgage on the machine for a portion of the cash payment. This arrangement was made after plaintiff had tried the machine, but the evidence tends to show that it involved…
2Cases cited4 opinions
- Underwood v. WolfIllinois Supreme Court · 1890
- Bassett v. BrownMassachusetts Supreme Judicial Court · 1870
- Moore v. HoweSupreme Court of Iowa · 1901
- Kingsley v. WallisSupreme Judicial Court of Maine · 1836
3Cited by7 opinions
- National Bank of Decorah v. RobisonSupreme Court of Iowa · 1925
- Fryer v. CampbellWyoming Supreme Court · 1935
- Brennan & Cohen v. Nolan Laundry Co.Supreme Court of Iowa · 1930
- Chariton Plumbing & Heating Co. v. LesterSupreme Court of Iowa · 1926
- Conroy v. Coughlon Auto Co.Supreme Court of Iowa · 1917
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