Latham v. Shipley
Supreme Court of Iowa
Appeal from Cerro Gorclo District Court. — Hon. J. C. Sherwin, Judge. Action to recover for merchandise sold and delivered. The defendant seeks to recover on a counterclaim for breach of warranty in the sale of a ruling machine. There was a trial to the court, and judgment in favor of the defendant. The plaintiff appeals.
1Opinion of the CourtRobinson, C. J.
The claim of the plaintiff is for fifty dollars and sixty cents on account of certain printers’ and bookbinders’ supplies, and is not denied. The defendant alleges that in March, 1890, the plaintiff sold and delivered to him a Hickock ruling machine, with certain attachments, at the agreed price of two hundred and twenty-five dollars; that he paid for the machine before he had any opportunity tO' examine it; that the plaintiff represented, warranted, *545and guarantied the .machine, with appurtenances, to be in good order, capable of doing good work, and of doing the work of the defendant in his…
2Cases cited11 opinions
- Blackmore v. Fairbanks, Morse & Co.Supreme Court of Iowa · 1890
- Gere v. Council Bluffs Ins.Supreme Court of Iowa · 1885
- Upton Manuf'g Co. v. HuiskeSupreme Court of Iowa · 1886
- Winklemans v. Des Moines Northwestern R'y Co.Supreme Court of Iowa · 1883
- Tubbs v. GarrisonSupreme Court of Iowa · 1885
6 more not listed; retrieve them via the Exa API.
3Cited by16 opinions
- McMahon v. City of DubuqueSupreme Court of Iowa · 1898
- Davis Calyx Drill Co. v. MalloryCourt of Appeals for the Eighth Circuit · 1905
- Conkling v. Standard Oil Co.Supreme Court of Iowa · 1908
- Accumulator Co. v. Dubuque St. Ry. Co.Court of Appeals for the Eighth Circuit · 1894
- State v. UrbanekSupreme Court of Iowa · 1970
11 more not listed; retrieve them via the Exa API.