King v. Towsley
Supreme Court of Iowa
Appeal from Cass District Court. Action on a promissory note. Defendant admits tbe execution of tbe note, but alleges that tbe consideration thereof has failed. lie says that the note was given for part of the price of a corn-sheller sold him by plaintiffs; that said corn-sheller was warranted by plaintiffs to be well made, of good material, and to do good work; but that there has been a failure of this warranty in this, that the shelter would not do good work, nor could it…
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Appeal from Cass District Court. Action on a promissory note. Defendant admits tbe execution of tbe note, but alleges that tbe consideration thereof has failed. lie says that the note was given for part of the price of a corn-sheller sold him by plaintiffs; that said corn-sheller was warranted by plaintiffs to be well made, of good material, and to do good work; but that there has been a failure of this warranty in this, that the shelter would not do good work, nor could it be made to do good work. And, by way of counter-claim, defendant alleges the purchase of said machine under said…
1Opinion of the CourtReed, J.
The evidence given on the trial shows that on the twentieth of January, 1881, defendant gave to plaintiffs his written order, directing them to manufacture and ship to their agent at Atlantic, at his (defendant’s) expense and risk of transportation, one six-horse shelter, and certain fixtures named, for which he agreed to give his notes for $250. The order contained the following provision: “ This order is given subject to the following, to-wit: That the machine is to be of good material, to be made in a workmanlike manner, and to have the capacity named in your printed price list; and, in…
2Cases cited1 opinion
- Aultman, Miller & Co. v. TheirerSupreme Court of Iowa · 1872
3Cited by18 opinions
- Whalen v. GordonCourt of Appeals for the Eighth Circuit · 1899
- Oil Workers International Union, Local No. 463 v. Texoma Natural Gas Co.Court of Appeals for the Fifth Circuit · 1944
- Scott v. Vulcan Iron Works Co.Supreme Court of Oklahoma · 1911
- James H. Love & Co. v. RossSupreme Court of Iowa · 1893
- Davis' Sons v. RobinsonSupreme Court of Iowa · 1885
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