Short v. Matteson
Supreme Court of Iowa
2.-:-:-. The right of the vendee to recover in such case is not dependent upon the return of, or an offer to return, the horse, upon the discovery of a breach of the warranty. 3.-:-Knowledge op vendor.
Read the full summary
2.-:-:-. The right of the vendee to recover in such case is not dependent upon the return of, or an offer to return, the horse, upon the discovery of a breach of the warranty. 3.-:-Knowledge op vendor. The fact, that a special finding of the jury, that the horse got with foal only nineteen per cent, of the mares served in previous years, is not supported by the evidence, held, not material, as such finding went simply to show the vendor’s knowledge that the warranty was false at the time of the sale, and such knowledge was not essential to the vendee’s right to recover damages, as above…
1Opinion of the CourtG-raitger, J.
' raniy: dama-ses‘ I. We may facilitate the disposition of the case by first presenting and considering a proposition presented by the appellant as follows : “The vital question, therefore, is, what are legitimate damages upon a breach of the warranty that a stallion is a sure colt getter, admitting for argument’s sake that the warrantor knew his warranty to be false? The fraud in this case arises alone from the fact that, in addition to the representations that constitute the warranty, the plaintiff knew them to be false ; and, as there is no question of exemplary damages, the rule of…
2Cases cited3 opinions
- Mann v. TaylorSupreme Court of Iowa · 1889
- Joy v. BitzerSupreme Court of Iowa · 1889
- Georgia v. KepfordSupreme Court of Iowa · 1876
3Cited by7 opinions
- B & B Asphalt Co. v. T. S. McShane Co.Supreme Court of Iowa · 1976
- Stoke v. ConverseSupreme Court of Iowa · 1911
- James H. Love & Co. v. RossSupreme Court of Iowa · 1893
- Mills County State Bank v. FisherSupreme Court of Iowa · 1979
- Benshoof v. ReeseSupreme Court of Iowa · 1959
2 more not listed; retrieve them via the Exa API.