Loxtercamp v. Lininger Implement Co.
Supreme Court of Iowa
Appeal from Carroll District Court. — Hon. F. M. Powers, Judge. Action at law to recover damages for breach of an alleged implied warranty of a manure spreader. Judgment for plaintiff, and defendant appeals.
1Opinion of the CourtWeaver, J.
At the date of the transaction under inquiry the plaintiff was a retail dealer in farm implements at Carroll, Iowa, and the defendant a wholesale dealer at Omaha, Neb., in like merchandise, including the Kemp manure spreader, manufactured by a concern known as the Richardson Manufacturing Company at Worcester, Mass. Plaintiff gave defendant a written or printed order for a Kemp spreader, in which the only reference to a warranty or representation of quality is in the following words: “We agree to receive the following mentioned below and settle for the same on arrival by notes due as per…
2Cases cited11 opinions
- Brigg v. . HiltonNew York Court of Appeals · 1885
- First National Bank v. DutcherSupreme Court of Iowa · 1905
- Blackmore v. Fairbanks, Morse & Co.Supreme Court of Iowa · 1890
- Alpha Checkrower Co. v. David Bradley & Co.Supreme Court of Iowa · 1898
- Bucy v. Pitts Agricultural WorksSupreme Court of Iowa · 1893
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3Cited by25 opinions
- State Farm Mutual Automobile Insurance v. Anderson-Weber, Inc.Supreme Court of Iowa · 1961
- Grupe v. GlickCalifornia Supreme Court · 1945
- Dailey v. Holiday Distributing CorporationSupreme Court of Iowa · 1967
- MORRIS PLAN LEASING COMPANY v. Bingham Feed and Grain Co.Supreme Court of Iowa · 1966
- Drager v. Carlson Hybrid Corn Co.Supreme Court of Iowa · 1952
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