Davis' Sons v. Butrick
Supreme Court of Iowa
Appeal from Benton District Court. This is an action upon a promissory note, which, was executed by defendant to the plaintiff for part of the purchase price of a threshing-machine.
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Appeal from Benton District Court. This is an action upon a promissory note, which, was executed by defendant to the plaintiff for part of the purchase price of a threshing-machine. The defendant pleaded, by way of answer and counter-claim, that he bought the machine upon a written warranty; that there was a breach of the warranty; and that, in compliance with the terms of » his contract, he returned the machine; and he demanded judgment against the plaintiffs for the amount he had paid on the contract, and for his other outstanding notes given for the machine. There was a trial by jury,…
1Opinion of the CourtRotiirock, J.
I. The purchase price of the machine was $650. Of this amount $250 was paid in cash, and two notes were given for the remainder, — -one for $150, due November 1, 1883, and the other for $250, due November 1, 1884. The suit was brought on the last mentioned note. The other note had been sold and transferred to other parties, and the judgment for the defendant was for the amount of the cash payment, and the amount of the note which had been trans*96ferred and sold, and interest. The contract for the machine was in the form of an order signed by the defendant. It was ujade on the ninth day of July,…
2Cases cited1 opinion
- Pitt's Sons' Manufacturing Co. v. SpitznogleSupreme Court of Iowa · 1880
3Cited by8 opinions
- First National Bank v. DutcherSupreme Court of Iowa · 1905
- Kingman & Co. v. WatsonWisconsin Supreme Court · 1897
- Russell & Co. v. MurdockSupreme Court of Iowa · 1890
- Skeen v. Springfield Engine & Thresher Co.Missouri Court of Appeals · 1889
- Northern Electrical Manufacturing Co. v. H. M. Benjamin Coal Co.Wisconsin Supreme Court · 1902
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