McCormick Harvesting Machine Co. v. Williams
Supreme Court of Iowa
Appeal from Humboldt District Court. — Hon. Lot Thomas, Judge. Plaintiff sues upon a written order, executed by the defendant, for a harvester. The order is in the usual form, and authorizes the plaintiff to ship to the defendant on or before July 1, 1894, the machine in question, fixes the terms of payment, and contains a warranty. In this order are contained the following words: “If my crops are a failure, and I do not need a machine, this order to be void.”
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Appeal from Humboldt District Court. — Hon. Lot Thomas, Judge. Plaintiff sues upon a written order, executed by the defendant, for a harvester. The order is in the usual form, and authorizes the plaintiff to ship to the defendant on or before July 1, 1894, the machine in question, fixes the terms of payment, and contains a warranty. In this order are contained the following words: “If my crops are a failure, and I do not need a machine, this order to be void.” Defendant admits signing the.order, and that he refused to accept the machine, and denies all damages. In a second count he pleads the…
1Opinion of the CourtKinne, J.
1 I. The order for the machine in controversy, contained the following provision: “If my crops are a failure, and I do not need a machine, this order to be void.” On the trial the plaintiff sought to show the condition of the defendant’s crops, other than small grain. The court ruled out all testimony relating to the corn and grass crops, and confined the inquiry alone to the oat crop, that being all ■ the small grain the defendant had. These rulings are complained of. We think they were right. The defendant was not buying a harvester to cut his grass or his corn. The palpable intent of this…
2Cases cited4 opinions
- Dowagiac Manuf'g Co. v. GibsonSupreme Court of Iowa · 1887
- Nixon & Co. v. CarsonSupreme Court of Iowa · 1874
- Childs v. DobbinsSupreme Court of Iowa · 1883
- Scroggin v. WoodSupreme Court of Iowa · 1893
3Cited by5 opinions
- Hinsdale v. McCuneSupreme Court of Iowa · 1907
- Joseph v. MangosSupreme Court of Iowa · 1921
- Good Roads Machinery Co. v. OttSupreme Court of Iowa · 1919
- Houge v. Saint Paul Fire & Marine InsuranceSupreme Court of Iowa · 1916
- Merrillat v. PlummerSupreme Court of Iowa · 1900