Warder v. Robertson
Supreme Court of Iowa
Appeal from Jones District Court. — Hon. James D. Gieeen, Judge. Action on two promissory notes. Answer that the notes sued on were given for the price of a combined reaper and mower, which was sold to defendant by plaintiffs with a warranty which had failed, in consequence of which the machine was worthless, and the consideration of the notes had wholly failed. Yerdict and judgment for defendant. Plaintiffs appeal.
1Opinion of the CourtReed, J.
— The machine for the price of which the notes were given was sold with the following warranty: “ This machine is warranted to be of good material, and well made; and if a single reaper, and properly operated, will cut from ten to fifteen acres of grain per day; or if a combined machine, and properly operated, will cut from ten to fifteen acres of grass per day, with two horses and a driver (and if a self-raker, to do its own raking as well as can be done by hand; and if a dropper, as well as any other dropper), and cut any kind of grass as well as any other combined machine; and if a single…
2Cases cited2 opinions
- King v. TowsleySupreme Court of Iowa · 1884
- Pitsinowsky v. Beardsley, Hill & Co.Supreme Court of Iowa · 1873
3Cited by9 opinions
- First National Bank v. DutcherSupreme Court of Iowa · 1905
- Ruthven Bros. v. American Fire InsuranceSupreme Court of Iowa · 1897
- McCormick Harvesting Machine Co. v. BrowerSupreme Court of Iowa · 1893
- Mayfield v. George O. Richardson MacHinery Co.Missouri Court of Appeals · 1921
- Allen v. Phoenix Assurance Co.Idaho Supreme Court · 1908
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