Jones v. J. C. Witousek & Co.
Supreme Court of Iowa
Appeal from Linn District Court. — Non. II. M. Rh.mij.í, Judge. The petition filed March 11, 1898, alleged that defendant undertook to put in plaintiff’s house a ivater-heating apparatus, at the agreed price of $390, with the guaranty that it have a capacity of heating all rooms in which radiators are placed to a specified temperature in the coldest-weather; that during the construction thereof $315 of the purchase price was paid; that upon completion, after numerous tests,…
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Appeal from Linn District Court. — Non. II. M. Rh.mij.í, Judge. The petition filed March 11, 1898, alleged that defendant undertook to put in plaintiff’s house a ivater-heating apparatus, at the agreed price of $390, with the guaranty that it have a capacity of heating all rooms in which radiators are placed to a specified temperature in the coldest-weather; that during the construction thereof $315 of the purchase price was paid; that upon completion, after numerous tests, it wholly failed to heat the house as agreed, and was of no value to plaintiff;- that he tendered it' back to…
1Opinion of the CourtLadd, J.
2 Upon the failure of defendant’s guaranty, plaintiff had the election of.two remedies: He could either pay for and retain the plant and sue for damages, or rescind the contract by the return of the plant, and demand the portion of the purchase price previously paid. According to the petition, he pursued the latter course; and it must-be conceded, for the purposes of the case, that there was a failure to comply with the terms of the agreement, and, owing to this, a timely tender of the return of the apparatus to defendant. A good cause of action for the $315 paid then was stated. And the same…
2Cases cited5 opinions
- Hunt v. BrownMassachusetts Supreme Judicial Court · 1888
- Roach v. PrivettSupreme Court of Alabama · 1890
- Mimnaugh v. PartlinMichigan Supreme Court · 1887
- Fairfield v. McNanySupreme Court of Iowa · 1873
- Howard v. PrattSupreme Court of Iowa · 1900
3Cited by12 opinions
- Rogers v. VerlanderWest Virginia Supreme Court · 1888
- Seager v. FosterSupreme Court of Iowa · 1918
- Keller v. HarrisonSupreme Court of Iowa · 1908
- Secor v. SiverSupreme Court of Iowa · 1914
- Smeaton v. ColeSupreme Court of Iowa · 1903
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