Zenor v. Smith
Supreme Court of Iowa
Appeal from Polh District Court. — Hon. Hugh Brennan, Judge. 'Action to recover $350 as the price of a blooded cow purchased from plaintiff by defendant at a public sale. The defendant alleged that by verbal representations the plaintiff warranted the cow to be free from tuberculosis, and that she would stand the tuberculin test; that defendant purchased the cow in reliance on this warranty; and that she was in fact tuberculous at the time of the sale.
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Appeal from Polh District Court. — Hon. Hugh Brennan, Judge. 'Action to recover $350 as the price of a blooded cow purchased from plaintiff by defendant at a public sale. The defendant alleged that by verbal representations the plaintiff warranted the cow to be free from tuberculosis, and that she would stand the tuberculin test; that defendant purchased the cow in reliance on this warranty; and that she was in fact tuberculous at the time of the sale. Plaintiff in reply denied any oral agreement of warranty and that the cow was in fact tuberculous. There was a verdict for plaintiff in the…
1Opinion of the CourtMcClain, J.
The undisputed facts appearing in the record were that defendant at a public sale purchased a blooded cow from plaintiff for $350, to be paid in cash or by bankable note; that the cow was delivered to defendant and received by him; that in payment he sent plaintiff a note for the amount, on the back of which was written a memorandum to the effect that it was given *426in payment for the cow which defendant had purchased, subject to her standing a satisfactory test for tuberculosis, and that a failure to fulfill that requirement would render the note void, the cow in that event to be returned to…
2Cases cited3 opinions
- In re Will of DunahughSupreme Court of Iowa · 1906
- Christensen v. ThompsonSupreme Court of Iowa · 1904
- Horan v. Chicago, St. Paul, Minneapolis & Omaha Railway Co.Supreme Court of Iowa · 1893
3Cited by3 opinions
- Hirshfeld v. DanaCalifornia Supreme Court · 1924
- Jahn v. MacMurtrySupreme Court of Iowa · 1918
- Federal Surety Co. v. Midwest Construction Co.North Dakota Supreme Court · 1929