D. M. Osborne & Co. v. Backer
Supreme Court of Iowa
Appeal from Buena Vista District Court. Actiok on two promissory notes. Defendants admit tbe execution and delivery of the notes, and plead by way of counterclaim that the consideration for the notes was a certain binder, which plaintiff warranted to the defendants, and that there was a breach thereof to their damage in the sum of one hundred and ninety dollars.
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Appeal from Buena Vista District Court. Actiok on two promissory notes. Defendants admit tbe execution and delivery of the notes, and plead by way of counterclaim that the consideration for the notes was a certain binder, which plaintiff warranted to the defendants, and that there was a breach thereof to their damage in the sum of one hundred and ninety dollars. Plaintiff in reply denies a breach of the warranty, and at the conclusion of the defendants’ evidence the court, on motion of plaintiff, directed a verdict in its favor for the amount of the notes, and judgment was entered thereon,…
1Opinion of the Court
(xKakger, J.
The warranty of which a breach is claimed is as follows:
“This machine is hereby purchased and sold subject to the following warranty and agreement, and no one has any authority to add to, abridge or change it in any manner. All our machines are warranted to be well built, of good material, and capable of cutting, if properly managed, from ten to fifteen acres per day. If, on starting the machine, it should in any way prove defective, and not work well, the purchaser shall give prompt notice to the agent of whom he purchased it, and allow time for a person to be sent to put it in…
2Cases cited1 opinion
- Wood Mowing & Reaping Machine Co. v. CrowSupreme Court of Iowa · 1886
3Cited by12 opinions
- First National Bank v. DutcherSupreme Court of Iowa · 1905
- O'Dell v. O'DellSupreme Court of Iowa · 1947
- Robinson & Co. v. BerkeySupreme Court of Iowa · 1896
- Ruthven Bros. v. American Fire InsuranceSupreme Court of Iowa · 1897
- Peterson v. Walter A. Wood Mowing & Reaping Machine Co.Supreme Court of Iowa · 1896
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