Bomberger, Wright & Co. v. Griener
Supreme Court of Iowa
Appeal from Muscatine District Court. Demurrer to answer : construction op agreement TO WARRANT REAPING AND MOWING MACHINES: CONDITIONAL WARRANTY: AUTHORITY OP AGENT. — The plaintiff’s action is upon the following instrument: “ Bomberger, Wright & Co., Dayton, Ohio: “You will please forward to me, by the 128th of June, 1862, one of the Ohio Chief reaping and mowing machines, R. Denton’s patent.
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Appeal from Muscatine District Court. Demurrer to answer : construction op agreement TO WARRANT REAPING AND MOWING MACHINES: CONDITIONAL WARRANTY: AUTHORITY OP AGENT. — The plaintiff’s action is upon the following instrument: “ Bomberger, Wright & Co., Dayton, Ohio: “You will please forward to me, by the 128th of June, 1862, one of the Ohio Chief reaping and mowing machines, R. Denton’s patent. On the. arrival of the machine at Muscatine, I agree to receive it immediately, pay freight and charges, and. test it.at the commencement of harvest, and if found to work as per your warranty (printed…
1Opinion of the CourtDillon, J.
1. Warranty: absolute and conditional. I. It is, of course, competent for a vendor, engaging to warrant the quality of the article he - sells, to make that warranty absolute or condi- . tional.
2. - contract construed. The court, after a very careful examination of the instrument in suit, in all its parts, have reached the conclusion that the warranties therein contained are conditional; and that this condition extends to the defendant’s agreement, if the machine shall fail to fulfill the warranty, to return the same to the agent at Muscatine, or to the plaintiffs at Dayton.
That is, such a…
2Cited by11 opinions
- Nave v. PowellIndiana Court of Appeals · 1911
- Aultman, Miller & Co. v. TheirerSupreme Court of Iowa · 1872
- Furneaux v. EsterlySupreme Court of Kansas · 1887
- Hickman v. RichardsonSupreme Court of Kansas · 1914
- Hickman v. SawyerCourt of Appeals for the Fourth Circuit · 1914
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