Esterly v. Eppelsheimer
Supreme Court of Iowa
Appeal from, Gass Circuit Court — Hon. J. P. Connor, Judge. This is an action to recover the contract price for a twine-binding harvester, which the plaintiffs claim they sold to the defendant. There was a trial by jury, and a verdict and judgment for the defendant. The plaintiffs appeal.
1Opinion of the CourtRothrock, J.
I. The action is founded upon a written contract for the purchase of the binder. This contract is in the form of an order purporting to be signed by the defendant, and directed to the plaintiffs at Whitewater, Wisconsin. The contract contains the following, among other provisions: “ This machine is hereby purchased and sold subject to the terms and conditions of the following warranty and agreement: This machine is well made, of good material, and with proper management is capable of doing first-class work. The purchaser agrees to see that the machine is properly operated. The purchaser shall…
2Cited by4 opinions
- Lavalleur v. HahnSupreme Court of Iowa · 1911
- Perry v. EblenSupreme Court of Iowa · 1959
- Providence Jewelry Co. v. S. Fessler & SonsSupreme Court of Iowa · 1909
- Enid Transfer & Storage Co. v. FisherSupreme Court of Oklahoma · 1934