McCormick & Bro. v. Vanatta
Supreme Court of Iowa
Appeal from Benton District Court.' Action on certain notes given for a reaping and mowing machine. As a counter claim, defendant states the machine was sold with a warranty, and “if, on one day’s trial, the machine should not work well, the purchaser shall give immediate notice to said McCormick & Bro. or their agents, and allow them to send a person to put it in order; if it cannot be made to work well, it will be taken back and the cash refunded; that the defendant was…
Read the full summary
Appeal from Benton District Court.' Action on certain notes given for a reaping and mowing machine. As a counter claim, defendant states the machine was sold with a warranty, and “if, on one day’s trial, the machine should not work well, the purchaser shall give immediate notice to said McCormick & Bro. or their agents, and allow them to send a person to put it in order; if it cannot be made to work well, it will be taken back and the cash refunded; that the defendant was engaged in fanning, and that the machine was purchased and sold for the purpose of cutting his crops for the year 1870;…
1Opinion of the Court
Seevers, Ch. J.
1, mote: war-6" ranty. I. It is agreed by counsel that the only questions for consideration arise on the rulings of the referee on the introduction of evidence in relation to the damages. On the hearing before the referee, the defendant sought to prove “that, by reason of defects in the machine and the delays occasioned thereby, he suffered loss in some portions of his crop of 1870.” This being objected to, oh the ground that such damages were too remote, the same was sustained by the referee, and such ruling is assigned as error.
It is claimed that Passenger v. Thornburn, 34 N.…
2Cases cited4 opinions
- Passinger v. . ThorburnNew York Court of Appeals · 1866
- Fisk v. TankWisconsin Supreme Court · 1860
- Aultman, Miller & Co. v. TheirerSupreme Court of Iowa · 1872
- Winne v. KelleySupreme Court of Iowa · 1872
3Cited by2 opinions
- Jones v. GeorgeTexas Supreme Court · 1884
- Wilson v. ReedySupreme Court of Minnesota · 1884