Schlichting v. Rowell
Supreme Court of Iowa
Appeal from Cedar Rapids Superior Court. — Hon. J. H. Rothko ok, Judge. This is an action for a breach of -warranty in the sale of a furnace. The plaintiff avers a rescission of the contract on the ground of the breach, and sues to recover back the purchase price paid. Verdict and judgment for plaintiff. Defendants appeal. —
1Opinion of the Court
Evans, C. J.-
— About October 1, 1906, the plaintiff purchased of the defendants, who are dealers in Cedar Rapids, a Lenox furnace, which was then and there installed in the plaintiff’s house by the defendants. The contract of purchase was entered into on behalf of plaintiff by his wife, who died before the commencement of this action.
*733fylECTidlncen’ *732I. Plaintiff’s claim, as made in his petition, is that the defendants orally guaranteed in express terms that the furnace would satisfactorily heat plaintiff’s house in the coldest weather. This claim is denied by "the defendants. *733The testimony on…
2Cases cited6 opinions
- Zimmerman v. BrannonSupreme Court of Iowa · 1897
- Tewkesbury v. BennettSupreme Court of Iowa · 1870
- McDonald Manufacturing Co. v. ThomasSupreme Court of Iowa · 1880
- McGrew v. ForsytheSupreme Court of Iowa · 1870
- Richardson v. CoffmanSupreme Court of Iowa · 1893
1 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- Carleton D. Beh Co. v. City of Des MoinesSupreme Court of Iowa · 1940
- Thornton v. International Harvester Co. of AmericaSupreme Court of Iowa · 1922
- Davis v. BerkheimerSupreme Court of Iowa · 1911
- De Zeeuw v. Fox Chemical Co.Supreme Court of Iowa · 1920