Rogers v. Hanson & Co.
Supreme Court of Iowa
Appeal from Wapello District Gourt. Action upon an alleged breach, of warranty in the sale of a threshing machine. The answer admits the warranty, as alleged, and denies the breach. The purchase price of the machine was $110. In consideration thereof, the plaintiffs gave a mare valued at $100, and for the balance executed several promissory notes, varying in amounts and times of maturity.
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Appeal from Wapello District Gourt. Action upon an alleged breach, of warranty in the sale of a threshing machine. The answer admits the warranty, as alleged, and denies the breach. The purchase price of the machine was $110. In consideration thereof, the plaintiffs gave a mare valued at $100, and for the balance executed several promissory notes, varying in amounts and times of maturity. After trial of the machine, the plaintiffs returned it to the agent of defendants, and demanded the return of the notes and the mare, or her estimated value. Upon the institution of the suit, they caused an…
1Opinion of the CourtDay, J.
*285.. _____ . 1. Practice: in breach ofrwarranty. *284I. Before answering, the defendants moved the court for permission to use the attached machine, for *285the purpose of trying its capacity to do such work as it was warranted to do. This motion was sup-r ported by an affidavit that the sheriff was willing to have the machine so used, and that the attorney of plaintiff would not consent. The court overruled the motion, and the defendants excepted. They now assign this ruling as error. There is no principle of law which renders the granting of defendants’ request obligatory upon the court. The…
2Cases cited2 opinions
- Scranton v. TilleyTexas Supreme Court · 1856
- Marston v. KnightSupreme Judicial Court of Maine · 1849
3Cited by14 opinions
- Whalen v. GordonCourt of Appeals for the Eighth Circuit · 1899
- Matthys v. DonelsonSupreme Court of Iowa · 1917
- Parsons Band Cutter & Self Feeder Co. v. MallingerSupreme Court of Iowa · 1904
- State ex rel. American Manufacturing Co. v. AndersonSupreme Court of Missouri · 1917
- Timken Carriage Co. v. C. S. Smith & Co.Supreme Court of Iowa · 1904
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