Upton Manuf'g Co. v. Huiske
Supreme Court of Iowa
Appeal from Webster Circuit Court. Plaintiff filed two promissory notes executed by defendant’s intestate as a claim against tbe estate of which she is administratrix.
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Appeal from Webster Circuit Court. Plaintiff filed two promissory notes executed by defendant’s intestate as a claim against tbe estate of which she is administratrix. Defendant answered that one of said notes was given for a horse-power which was sold by plaintiff to the intestate, and that said horse-power was sold with a warranty of its quality, and that there had been a failure of such warranty, and that on the happening of said breach the intestate had rescinded the contract by returning the property to plaintiff. The issue was tried to a jury, and there was a verdict and judgment for…
1Opinion of the CourtReed, J.
The undisputed facts are that on the twenty-seventh day of July, 1883, defendant’s intestate purchased from plaintiff’s agent at Fort Dodge a horseqiower and separator, and gave the notes in suit for part of the purchase price thereof; that he received the machinery within three days after the purchase, and used it during the threshing season of 1883, and that he commenced using it on the opening of the threshing season of 188J, and continued to use it for about three weeks, and until the latter part of August, when *559one of the wheels of the horse-power was broken; that he then took the power…
2Cases cited2 opinions
- Ind. Dist. v. Dist. Tp.Supreme Court of Iowa · 1876
- Aultman, Miller & Co. v. TheirerSupreme Court of Iowa · 1872
3Cited by23 opinions
- Tyler v. SheaNorth Dakota Supreme Court · 1894
- Portland Construction Co. v. O'NeilOregon Supreme Court · 1893
- Latham v. ShipleySupreme Court of Iowa · 1892
- Russell & Co. v. MurdockSupreme Court of Iowa · 1890
- Rice v. Friend Bros.Supreme Court of Iowa · 1917
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