Timken Carriage Co. v. C. S. Smith & Co.
Supreme Court of Iowa
Appeal from Humboldt District Court — Hon. A. D. Bailie, Jridge. Action to recover the purchase price of a canopy-topped wagon. Defense, rescission of the contract of sale for breach ■of an alleged warranty. A demurrer to the answer pleading this defense was overruled, and plaintiff appeals.
1Opinion of the CourtDeemer, C. J.
From the pleading demurred to, we extract the following facts material to a determination of the questions presented on this appeal: Plaintiff is a corporation doing business in St. Louis, Mo. On October 4, 1900, it sold to defendants, who reside at Humboldt, Iowa, by description, a canopy-topped wagon, to be delivered on or before November 2, 1900, f. o. b. Des Moines, Iowa. On this description defendants relied. The wagon shipped did not answer the description, but was of an inferior quality, in that it was not of standard grade, and the curtains were inferior, and of flimsy and rotten…
2Cases cited13 opinions
- Alpha Checkrower Co. v. David Bradley & Co.Supreme Court of Iowa · 1898
- Gould v. SteinMassachusetts Supreme Judicial Court · 1889
- Bucy v. Pitts Agricultural WorksSupreme Court of Iowa · 1893
- Upton Manuf'g Co. v. HuiskeSupreme Court of Iowa · 1886
- Chapman v. MurchNew York Supreme Court · 1822
8 more not listed; retrieve them via the Exa API.
3Cited by13 opinions
- Rasmus v. AO Smith CorporationDistrict Court, N.D. Iowa · 1958
- Pacific Timber Co. v. Iowa Windmill & Pump Co.Supreme Court of Iowa · 1907
- Schaffner v. National Supply Co.West Virginia Supreme Court · 1917
- Rice v. Friend Bros.Supreme Court of Iowa · 1917
- Rhynas v. KeckSupreme Court of Iowa · 1917
8 more not listed; retrieve them via the Exa API.