Pitsinowsky v. Beardsley, Hill & Co.
Supreme Court of Iowa
Appeal from Wmneshiele District Oowrt. Thursday, June 19. It is alleged in plaintiff’s petition that in June, 1869, the defendants sold to the plaintiff one “ Auburn Harvester ” for the sum of $190, and freight thereon, $15, in all the sum of $205 ; that plaintiff paid thereon the freight, $15, and executed his notes to the defendants for the balance, bearing seven per cent interest, which notes the defendants have transferred to third parties.
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Appeal from Wmneshiele District Oowrt. Thursday, June 19. It is alleged in plaintiff’s petition that in June, 1869, the defendants sold to the plaintiff one “ Auburn Harvester ” for the sum of $190, and freight thereon, $15, in all the sum of $205 ; that plaintiff paid thereon the freight, $15, and executed his notes to the defendants for the balance, bearing seven per cent interest, which notes the defendants have transferred to third parties. It is further alleged that at the time of the sale of said harvester the defendants warranted said machine as the best machine in use, etc., and…
1Opinion of the CourtMiller, J.
i pbutoieai agenA°autkorrty'
The evidence shows that one W. S. Cremer was agent for the defendants in 1869, to sell and deliver machines for them, and among other kinds the “Auburn Harvester]” that he employed one Frank Chyle to assist him in selling machines in Howard county. Chyle says that Cremer asked me who were the fellows that wanted reapers, and I told him the names, and he wanted me to go along with him, and he would allow me as full commission as if I sold them myself. I went with him and we sold about seventeen ] and I was to say all the time, when we were selling, just as he told…
2Cited by15 opinions
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- J. I. Case Threshing-Machine Co. v. HavenSupreme Court of Iowa · 1884
- Producers Livestock Marketing Ass'n v. John Morrell & Co.Supreme Court of Iowa · 1935
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