Berkey v. E. Lefebure & Sons
Supreme Court of Iowa
Appeal from Linn District Court.— Hon. W. N. Teeichler, Judge. On the 12th day of March, 1901, the plaintiff bought a stallion of the defendants Lefebure & Sons for $1,300. He paid $20 of the purchase price at the time, and there was then executed to him the following written contract of sale and warranty: Said Lefebure & Sons have this day sold to said second parties a stallion described as follows: The Belgian Draft Stallion Samson 834 (13006), for the consideration of…
Read the full summary
Appeal from Linn District Court.— Hon. W. N. Teeichler, Judge. On the 12th day of March, 1901, the plaintiff bought a stallion of the defendants Lefebure & Sons for $1,300. He paid $20 of the purchase price at the time, and there was then executed to him the following written contract of sale and warranty: Said Lefebure & Sons have this day sold to said second parties a stallion described as follows: The Belgian Draft Stallion Samson 834 (13006), for the consideration of $1,300 dollars, to be paid as follows: $20 dowh and $1,280 upon delivery of stallion sound and in good condition at second…
1Opinion of the CourtSherwin, J.
1. Rescission of contracts. The question of first importance in this case is whether the agreement of the 29th day of March, partly oral and partly expressed in the note then executed to the defendants, superseded the written con£rac£ 0£ warranty made when the horse was purchased. It is contended by the appellants that it did, and that the contrary finding by the jury is not supported .by sufficient evidence. It is also said that the court should have construed the transactions of March 29th as abrogating the earlier contract. The note does not in terms supersede the original contract with…
2Cases cited3 opinions
- Park v. Richardson & Boynton Co.Wisconsin Supreme Court · 1892
- Padden v. MarshSupreme Court of Iowa · 1872
- Brown v. CurtisSupreme Court of Iowa · 1900
3Cited by7 opinions
- Caffey v. Alabama MacHinery & Supply Co.Alabama Court of Appeals · 1922
- Bamberger Bros. v. BurrowsSupreme Court of Iowa · 1910
- Apple v. EdwardsMontana Supreme Court · 1932
- Berkey v. ThompsonSupreme Court of Iowa · 1905
- Westbrook v. Reeves & Co.Supreme Court of Iowa · 1907
2 more not listed; retrieve them via the Exa API.