Davis' Sons v. Robinson
Supreme Court of Iowa
Appeal from Bxichanan Circuit Court. Plaintiffs brought this action to recover the value of a threshing-machine, which they allege defendant agreed to .deliver to them as part payment for a machine which they sold and delivered to him.
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Appeal from Bxichanan Circuit Court. Plaintiffs brought this action to recover the value of a threshing-machine, which they allege defendant agreed to .deliver to them as part payment for a machine which they sold and delivered to him. They allege that in July, 1883,-they sold and delivered to defendant a threshing-machine for the price of $650, and that they agreed to accept, and defendant agreed to deliver, in payment of $150 of the amount, an old threshing-machine then owned by him; and that he had refused on demand to deliver said machine. Defendant admits that he purchased the machine…
1Opinion of the CourtNeed, J.
The machine sold by plaintiffs to defendant was purchased and sold on the following warranty and agreement: “ * * * That it is well made, of good materials, and with proper management is caj>able of doing first-class work; that the purchaser shall have three days to give it a fair trial, and, if it should not work well, written notice, stating wherein it fails, is to be given to the agent from whom it is received, and to John- S. Davis’ Sons, Davenport, Iowa, *357and reasonable time allowed to get to it and' remedy the defects, if any, (the purchaser rendering necessary friendly assistance,)…
2Cases cited3 opinions
- King v. TowsleySupreme Court of Iowa · 1884
- Pitt's Sons' Manufacturing Co. v. SpitznogleSupreme Court of Iowa · 1880
- Wendall v. Osborne & Co.Supreme Court of Iowa · 1884
3Cited by17 opinions
- City National Bank of Columbus v. JordanSupreme Court of Iowa · 1908
- Robinson & Co. v. BerkeySupreme Court of Iowa · 1896
- Kingman & Co. v. WatsonWisconsin Supreme Court · 1897
- Mahaska County State Bank v. CristSupreme Court of Iowa · 1893
- Westbrook v. Reeves & Co.Supreme Court of Iowa · 1907
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