Thornton v. International Harvester Co. of America
Supreme Court of Iowa
Appeal from Hardin District Court. — H. E. Fry, Judge. Aotion at law, to recover the purchase price of a corn picker sold to plaintiff, because of breach of warranty covering the sale of the machine through the agency of the defendant, at New Providence, Hardin County, Iowa. Trial to a jury, which returned a verdict for defendant. Judgment was rendered against plaintiff for costs. Plaintiff appeals.
1Opinion of the CourtPreston, J.
1‘ tíeífjüry^qúos1-tl0n' It is alleged and admitted that defendant is a corporation, and had a local agency, namely, the New Providence Hardware Company; and that this agency was a co-partnership, the members of which were S. C. Thornton and C. C. Miller. It appears that one George Johnson was in the employ of the partnership, engaged in selling machinery therefor. Among the machinery so on sale were machines known as corn pickers. It is alleged that, about October 12, 1912, said Johnson, for the purpose of inducing plaintiff to purchase a corn picker, orally warranted and represented that…
2Cases cited8 opinions
- Hetland v. BilstadSupreme Court of Iowa · 1908
- Tewkesbury v. BennettSupreme Court of Iowa · 1870
- McGrew v. ForsytheSupreme Court of Iowa · 1870
- Creamer v. StevensSupreme Court of Iowa · 1921
- Ellis v. BarkleySupreme Court of Iowa · 1913
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3Cited by3 opinions
- Bales v. MasseySupreme Court of Iowa · 1950
- Whitney Realty Co. v. CommissionerUnited States Board of Tax Appeals · 1933
- Whitney Realty Co. v. CommissionerUnited States Board of Tax Appeals · 1933