Mast & Co. v. Pearce & Cowan
Supreme Court of Iowa
Appeal from Hardin Circuit Court. Action upon two promissory notes. The defendants answered admitting the execution of the notes, and denied any indebtedness thereon, because the said notes were given for certain “Buckeye Cultivators” sold by plaintiff to defendants under a waranty, and that, by reason of a breach of said waranty, defendants wrere damaged in a sum larger than the amount of said notes* There was a motion to make the answer more specific which motion was…
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Appeal from Hardin Circuit Court. Action upon two promissory notes. The defendants answered admitting the execution of the notes, and denied any indebtedness thereon, because the said notes were given for certain “Buckeye Cultivators” sold by plaintiff to defendants under a waranty, and that, by reason of a breach of said waranty, defendants wrere damaged in a sum larger than the amount of said notes* There was a motion to make the answer more specific which motion was sustained. Thereupon the answer was amended. There was a demurrer to the amended answer which was sustained. The defendants…
1Opinion
OPINION ON REHEARING.
Beck, J.
At a former term a rehearing was ordered in this cause and it has been again argued.
Counsel for. defendants insist that the rule announced in the foregoing opinion, to the effect that the parol evidence of a warranty wras erroneously admitted by the court below, is in conflaict with authorities which they cite, in support of their position.* We have examined all of them and find but one, Chapin et al. v. Dobson, 78 N. Y., 64, which may *583fairly be claimed-to recognize the doctrine contended for by-counsel. Prior New York decisions are in harmony with the rule we…
2Cases cited12 opinions
- Chapin v. . DobsonNew York Court of Appeals · 1879
- Stoops v. SmithMassachusetts Supreme Judicial Court · 1868
- Barker v. PrentissMassachusetts Supreme Judicial Court · 1810
- Geraty v. . ReidNew York Court of Appeals · 1879
- Brent's Executors v. the Bank of the MetropolisSupreme Court of the United States · 1828
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