Eagle Iron Works v. Des Moines Suburban Railway Co.
Supreme Court of Iowa
Appeal from Polk District Court. — Hon. S. F. Balliet, Judge. The defendants are, besides the Des Moines Suburban Railway Company, named above, the Des Moines City Railway Company, the Iowa Loan & Trust Company, and the American Trust & Savings Bank.
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Appeal from Polk District Court. — Hon. S. F. Balliet, Judge. The defendants are, besides the Des Moines Suburban Railway Company, named above, the Des Moines City Railway Company, the Iowa Loan & Trust Company, and the American Trust & Savings Bank. In March, 1898, the plaintiff, contracted vyith the Des Moines Suburban Railway Company to furnish and place- in position for it, on certain lots in the city of Des Moines, four boilers, of specified dimensions, for the agreed price of three thousand eight hundred and nineteen dollars. The boilers were placed in position, and, because of work and…
1Opinion of the CourtGranger, J.
1 *2942 3 4 5 6 *293I. The presentation of the case makes it necessary for us to determine whether the contract of sale involves a warranty. A few preliminary facts may well be stated here. The contract was made March 7, 1898. The boilers were to be delivered in sixty days from that date, and payment was to be made sixty days from shipment. The plaintiff is a corporation in the city of Des Moines, Iowa. The boilers were made in Pennsylvania, by the Pennsylvania Iron Works, and shipped to Des Moines. They were subjected to a hydrostatic test after reaching Des Moines, before being “bricked up.” The…
2Cases cited9 opinions
- German Bank v. SchlothSupreme Court of Iowa · 1882
- Callanan v. Brown & Co.Supreme Court of Iowa · 1871
- Forcheimer & Co. v. StewartSupreme Court of Iowa · 1885
- Fletcher v. KellySupreme Court of Iowa · 1893
- Latham v. ShipleySupreme Court of Iowa · 1892
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3Cited by4 opinions
- Natkin & Company v. RF Ball Construction CompanySupreme Court of Iowa · 1963
- Rice v. Friend Bros.Supreme Court of Iowa · 1917
- C. H. Dean Co. v. StandiferCourt of Appeals of Texas · 1904
- Sutherland v. GreenMontana Supreme Court · 1914