International Harvester Co. of America v. Tjentland
Supreme Court of Iowa
Appeal from Pollc District Court. — W. S. Ayres, Judge. Suit in equity to foreclose a chattel mortgage. The answer admitted the execution of the mortgage and notes sued on, and averred, in substance, that they were obtained by false and fraudulent representations.
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Appeal from Pollc District Court. — W. S. Ayres, Judge. Suit in equity to foreclose a chattel mortgage. The answer admitted the execution of the mortgage and notes sued on, and averred, in substance, that they were obtained by false and fraudulent representations. It averred further that the same were executed in payment for certain implements delivered and proposed to be delivered by the plaintiff to the defendant, and that the defendant rescinded the purchase of said implements because of such false representations. The answer also avers that the defendant was specially damaged by such…
1Opinion of the CourtEvans, J.
1. Sales : construction of contract: entire or sever-able contracts: rescission. The plaintiff is a corporation engaged in the manufacture and sale of farm implements. Thompson was its traveling agent. Thompson, with one Musel, a local implement dealer, appeared at the defendant’s farm in Tama County on June 25, 1915. The defendant then contracted to buy for immediate delivery a tractor, *942a threshing machine, and a hay press. These were bought for a particular purpose, which was made known to Thompson and which was manifest. The defendant was the owner of 120 acres of growing timothy and of…
2Cases cited8 opinions
- Stuart v. HaydenCourt of Appeals for the Eighth Circuit · 1895
- Wilson v. New United States Cattle-Ranch Co.Court of Appeals for the Eighth Circuit · 1896
- Bowen v. . MandevilleNew York Court of Appeals · 1884
- Bamberger Bros. v. BurrowsSupreme Court of Iowa · 1910
- Van Vliet Fletcher Automobile Co. v. CrowellSupreme Court of Iowa · 1914
3 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Barquin v. Hall Oil Co.Wyoming Supreme Court · 1921
- Granette Products Co. v. Arthur H. Neumann & Co.Supreme Court of Iowa · 1925
- Novak Equipment, Inc. v. HartlSupreme Court of Iowa · 1969
- Miller-Piehl Equipment Co. v. Gibson Commission Co.Supreme Court of Iowa · 1952
- United Engine Co. v. JunisSupreme Court of Iowa · 1923
1 more not listed; retrieve them via the Exa API.