Legal Opinion

Winney v. Sandwich Manufacturing Co.

Supreme Court of Iowa

Decided October 25, 1892PublishedCited by 21 opinions

Appeal from Franklin District Court. — Hon. D. B. Hindman, Judge. Action for damages for the breach of an oral contract of warranty of a harvester bought by plaintiff of the defendant. There was a trial to a jury resulting in a verdict and judgment for the plaintiff. The defendant appeals.

1Opinion of the CourtKinne, J.

1. Limitation pleading?' I. The original opinion in this case will be found in 50 N. W. Rep. 565. February 28, 1889> the Pontiff filed a petition asking damages on an oral contract of warranty made in 1883. An amendment to the petition was filed in March, 1889, alleging that the defendant was a foreign corporation; that the contract was made with its agent at Hampton, Iowa; that said agency terminated in 1885, and was never re-established. It pleaded the warranty, the breaches thereof, and that in 1885, the defendant agreed to so fix the harvester that it would comply with the warranty;…

2Cases cited8 opinions

  1. Bellows v. LitchfieldSupreme Court of Iowa · 1891
  2. Cobb, Blasdel & Co. v. I. C. R. R.Supreme Court of Iowa · 1874
  3. Wall v. Chicago & Northwestern R'y Co.Supreme Court of Iowa · 1886
  4. Wetmore v. MarshSupreme Court of Iowa · 1891
  5. Koons v. Chicago & North-western Railway Co.Supreme Court of Iowa · 1867

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3Cited by21 opinions

  1. Kokenge v. HolthausSupreme Court of Iowa · 1952
  2. Williams v. Metropolitan Street-railway Co.Supreme Court of Kansas · 1903
  3. Frick v. KabakerSupreme Court of Iowa · 1902
  4. Travelers' Insurance Co. v. FrickeWisconsin Supreme Court · 1898
  5. Burns v. White Swan Mining Co.Oregon Supreme Court · 1899

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