Davis, Gould & Co. v. Danforth & Co.
Supreme Court of Iowa
Appeal from Deeatur District Court. Plaintiffs brought this action to recover a balance alleged to be due tbem for certain carriages and wagons sold by them to defendants. Defendants admitted the sale and delivery to them of the property described in the petition, but as a counter-claim they alleged that the property was sold by plaintiff witli a warranty of its quality, and that there was a failure of such warranty, whereby they were damaged in a large amount.
Read the full summary
Appeal from Deeatur District Court. Plaintiffs brought this action to recover a balance alleged to be due tbem for certain carriages and wagons sold by them to defendants. Defendants admitted the sale and delivery to them of the property described in the petition, but as a counter-claim they alleged that the property was sold by plaintiff witli a warranty of its quality, and that there was a failure of such warranty, whereby they were damaged in a large amount. Defendants recovered on tlieir counter-claim, and plaintiff appeals.
1Opinion of the CourtReed, J.
i. salb: upon agentffaiiure of agent to transmuconliability of principal. I. Plaintiffs are engaged in the business of manufacturing wagons and carriages at Cincinnati, Ohio, and defendants reside at Mt. Ayr, in this state, and are merchants engaged in the purchase and sale of goods of that class. An agent ot plaintiffs called on defendants at their place of business, and soiicited them to make a purchase from liis principal, and they accordingly executed and delivered to him an order for the goods in question. This order was sent by the agent to plaintiffs at Cincinnati, and they shipped the…
2Cited by6 opinions
- Keyes v. City of Cedar FallsSupreme Court of Iowa · 1899
- United States National Bank v. ChappellMontana Supreme Court · 1924
- McArthur v. Home Life Ass'nSupreme Court of Iowa · 1887
- Shambaugh v. CurrentSupreme Court of Iowa · 1900
- Miller v. HaleyArizona Supreme Court · 1931
1 more not listed; retrieve them via the Exa API.