Nichols, Shepard & Co. v. Wyman
Supreme Court of Iowa
Appeal from Warren Circuit Court. Action in chancery to foreclose a mortgage. Ther& was a decree for defendants. Plaintiffs appeal.
1Opinion of the Court
•Beck, J.
1. SALE: written : warranty : evidence of additional parol warranty. I. The notes secured by the mortgage in suit were executed by defendant John II. Wyman in the purchase of a steam-engine, and a separator to , ° L ProPeTed by the engine, and fixtures accomPanyi:DS each- The defendants in their answer allege that plaintiffs orally warranted the machinery to be perfect, and capable of doing good work, and that •the engine would haul the separator, tank, water, and one-half ton of coal, through stubble and over plowed fields, and over all the territory wherein defendant was to use the…
2Cases cited1 opinion
- Mast & Co. v. Pearce & CowanSupreme Court of Iowa · 1882
3Cited by10 opinions
- Conant v. National State BankIndiana Supreme Court · 1889
- Blackmore v. Fairbanks, Morse & Co.Supreme Court of Iowa · 1890
- Electric Storage Battery Co. v. Waterloo, Cedar Falls & Northern Railway Co.Supreme Court of Iowa · 1908
- Main v. Griffin.Supreme Court of North Carolina · 1906
- General Fireproofing Co. v. L. Wallace & SonCourt of Appeals for the Eighth Circuit · 1910
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