Powell v. Chittick
Supreme Court of Iowa
Appeal from Adair District Court. — Hon. J. H. Henderson, Judge. The plaintiff and defendant are farmers in Adair county, Iowa. In July, 1890, the defendant went to Nebraska, and while there he purchased and shipped to his farm in Adair county three car loads of hogs for the purpose of feeding them.
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Appeal from Adair District Court. — Hon. J. H. Henderson, Judge. The plaintiff and defendant are farmers in Adair county, Iowa. In July, 1890, the defendant went to Nebraska, and while there he purchased and shipped to his farm in Adair county three car loads of hogs for the purpose of feeding them. Thereafter, because of a change of purpose on the part of his sons, in consequence of which they were not to remain on the defendant’s farm, he concluded to sell the hogs at public auction, and the eleventh day of September following was fixed upon for that purpose, and notice given thereof. The…
1Opinion of the CourtGranger, J.
With the general verdict the jury returned the following special findings:
*515i. sams: warSSsofrador‘ *514uFirst. Did the defendant, just before the sale of the hogs, represent that the hogs were all right? *515Answer. Yes. Second. Was there a warranty, as in these instructions defined, that the hogs were all right? A. Yes. Third. Were the hogs, at the time of the sale, diseased with swine plague, hog cholera, or infested with other infectious disease? A. Yes. Fourth. Did the defendant, at the time of the sale, know that the hogs were so diseased? A. Yes.
It will be seen that the jury found that there was…
2Cases cited1 opinion
- Timins v. Chicago, Rock Island & Pacific R'y Co.Supreme Court of Iowa · 1887
3Cited by15 opinions
- Poyzer v. McGrawSupreme Court of Iowa · 1985
- Miller v. Economy Hog & Cattle Powder Co.Supreme Court of Iowa · 1940
- Mitchell v. PinckneySupreme Court of Iowa · 1905
- Poor v. Madison River Power Co.Montana Supreme Court · 1910
- Vigil v. Atchison, T. & S. F. Ry. Co.New Mexico Supreme Court · 1923
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