Legal Opinion

Ruiter v. Plate

Supreme Court of Iowa

Decided January 24, 1889PublishedCited by 6 opinions

Appeal from Sioux District Court. — Hon. S. M. Ladd, Judge. Action to recover the possession oí five hundred bushels of oats, of the alleged value of one hundred dollars. Upon the submission of all the evidence on the part of the plaintiff, the court instructed the jury to return a verdict for defendants. A verdict was returned in accordance with the instruction, and from the judgment rendered thereon the plaintiff appeals.

1Opinion of the CourtRobinson, J.

In June, 1887, the plaintiff purhased of defendant and Carver a horse, in part payment tor which he gave a note for eighty-five dollars, and a chattel mortgage on the oats in controversy to secure the same. The horse died a few days after it was purchased. On a subsequent date defendant Plate, as the agent of Carver, seized and removed the oats under the chattel mortgage. Plaintiff asks judgment for the oats, or their value, and for his damages. He alleges that the contract of purchase included a warranty that the horse was sound and .good for general farm purposes ; that the horse was in…

2Cases cited2 opinions

  1. Smith & Co. v. McLeanSupreme Court of Iowa · 1868
  2. State v. BoyntonSupreme Court of Iowa · 1888

3Cited by6 opinions

  1. Dettmer v. BehrensSupreme Court of Iowa · 1898
  2. Erusha v. TomashSupreme Court of Iowa · 1896
  3. Luther v. National Investment Co.Supreme Court of Iowa · 1936
  4. Leek v. ChesleySupreme Court of Iowa · 1896
  5. Smith v. MeekerSupreme Court of Iowa · 1912

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