Shambaugh v. Current
Supreme Court of Iowa
Appeal from, Jackson District Court. — Hon. A. J. House, Judge. Action on account for the price of certain cattle sold by one Bohart to defendants. Plaintiff claims as the assignee of Bohart. The defenses were fraud and breach of warranty, the particulars of which will appear in the opinion, so far as necessary to convey an understanding of the points ruled upon. There was a trial to jury, verdict and judgment for plaintiff, and defendants appeal.
1Opinion of the CourtWaterman, J.
The court took the issue of fraud from the jury for want of any evidence to establish it. We do not understand that serious complaint is made of this action, nor do we see how it could consistently be questioned, under the evidence.
1 2 II. A motion to strike certain portions of the answer was sustained, and error is assigned upon the ruling. The answer was quite lengthy and made up of different divisions, two of which, in varying terms, but with no substantial difference, set up the defense of breach of an oral warranty. One of these divisions was stricken on this motion, as redundant. If…
2Cases cited4 opinions
- Vimont v. Chicago & Northwestern Railway Co.Supreme Court of Iowa · 1884
- Kelly v. Norwich Fire InsuranceSupreme Court of Iowa · 1891
- Nichols, Shepard & Co. v. WymanSupreme Court of Iowa · 1887
- Davis, Gould & Co. v. Danforth & Co.Supreme Court of Iowa · 1885
3Cited by5 opinions
- Bannister v. McIntireSupreme Court of Iowa · 1900
- Handlon v. HenshawSupreme Court of Iowa · 1928
- Chicago Telephone Supply Co. v. Marne & Elkhorn Telephone Co.Supreme Court of Iowa · 1907
- Burnett v. HensleySupreme Court of Iowa · 1902
- Finnerty v. ShadeSupreme Court of Iowa · 1930