American Player Piano Co. v. American Pneumatic Action Co.
Supreme Court of Iowa
Appeal from Scott District Court. — Hon. A. J. House, Judge. Action to recover liquidated damages for failure to deliver certain pneumatic piano players in accordance with the terms of a certain contract between the parties. The opinion discloses the facts upon which the suit is predicated. Judgment below for the plaintiff. Defendant appeals.
1DissentDeemer, C. J.
(dissenting). — I am unable to agree to the propositions of law announced by the majority. I think there was both an express and an implied warranty of the quality of the piano players, and I am convinced, also, that the defendant voluntarily failed to comply with the terms of its contract, in that it neglected to furnish plaintiff with any players after October 15, 1910. This latter fact is not disputed in the testimony, and the .trial court did not err in its sixth instruction in stating the undisputed facts. The contract expressly provided and warranted that the -players “would be of first…
2Cases cited16 opinions
- First National Bank v. DutcherSupreme Court of Iowa · 1905
- Conkling v. Standard Oil Co.Supreme Court of Iowa · 1908
- Blackmore v. Fairbanks, Morse & Co.Supreme Court of Iowa · 1890
- Alpha Checkrower Co. v. David Bradley & Co.Supreme Court of Iowa · 1898
- Loxtercamp v. Lininger Implement Co.Supreme Court of Iowa · 1910
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