McCormick Harvesting Machine Co. v. Brower
Supreme Court of Iowa
Appeal from Dallas District Court. — Hon. J. H. Apple-gate, Judge. Action at law to recover the purchase price of a binder. Defense, breach of warranty and failure of consideration. Trial to a jury, and, at the conclusion of defendant’s testimony, the court directed, a verdict for plaintiff, and defendant appeals.
1Opinion of the CourtDeemer, J.
This case has once been before this-court. See 88 Iowa, 607,55 N. W. Rep. 587. The contract upon which plaintiff predicates its action is there set out, and need not be repeated here. After the case was remanded to the district court, the defendant reformed his answer, and pleaded that plaintiff, through one Charles Armfield, who was then acting for George Arm-field, the agent of the plaintiff, waived notice of the failure of the machine to work well after one day’s trial, and verbally agreed to come back in a few days after full trial of the machine had been made, and to make the machine…
2Cases cited15 opinions
- Wm. N. Coler & Co. v. Dwight School TownshipNorth Dakota Supreme Court · 1893
- Compton v. ParsonsSupreme Court of Missouri · 1882
- King v. TowsleySupreme Court of Iowa · 1884
- Davis' Sons v. RobinsonSupreme Court of Iowa · 1885
- Russell & Co. v. MurdockSupreme Court of Iowa · 1890
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3Cited by5 opinions
- First National Bank v. DutcherSupreme Court of Iowa · 1905
- Faris v. BeckSupreme Court of Colorado · 1924
- Rice v. Friend Bros.Supreme Court of Iowa · 1917
- Chariton Plumbing & Heating Co. v. LesterSupreme Court of Iowa · 1926
- Reiter v. PollardSupreme Court of Colorado · 1924