Bothwell v. Farwell
Supreme Court of Iowa
Appeal from Jones District Court. — Hon. Jas. D. CjTFFEN, Judge. Action to recover remainder of purchase price of one hundred and seven merino bucks. Defendants admit the purchase, and that the amount alleged to be due has not been paid, but deny indebtedness, by reason of alleged breaches of warranty in the sale of the bucks.
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Appeal from Jones District Court. — Hon. Jas. D. CjTFFEN, Judge. Action to recover remainder of purchase price of one hundred and seven merino bucks. Defendants admit the purchase, and that the amount alleged to be due has not been paid, but deny indebtedness, by reason of alleged breaches of warranty in the sale of the bucks. Defendants seek to recover of plaintiffs, by way of counter-claim (1) the portion of the purchase price already paid, with interest; (2) for feeding and caring for the bucks, including the value of hay and grain furnished ; (3) for loss of profits alleged to have…
1Opinion of the CourtRobinson, J.
It appears from the admissions of record and the evidence that plaintiffs sold to defendants on the twenty-third day of November, 1884, fifty bucks, and on the fourth day of December, 1884, fifty-seven more. All of the purchase price of the first lot was paid at the time of the sale, excepting one hundred dollars. Nothing was paid on the second purchase. The amount alleged to be due the plaintiff is $472.51, with interest thereon at six per cent, from the first day of July, 1886. The defendants allege that- plaintiffs *326verbally warranted the bucks in controversy to be of fine grade; that they…
2Cases cited2 opinions
- Jaffray & Co. v. ThompsonSupreme Court of Iowa · 1884
- Taylor v. WendlingSupreme Court of Iowa · 1885
3Cited by3 opinions
- Walrod v. Webster CountySupreme Court of Iowa · 1900
- Handlon v. HenshawSupreme Court of Iowa · 1928
- State v. ButlerSupreme Court of Iowa · 1912