Berthold v. Seevers Manufacturing Co.
Supreme Court of Iowa
Appeal from Mafiasha District Court. — Hon. A. R. Dewey, Judge. This action is to recover the agreed price of a lot of piling sold and delivered by plaintiff to the defendant under a contract to deliver piling of certain specified dimensions and quality.
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Appeal from Mafiasha District Court. — Hon. A. R. Dewey, Judge. This action is to recover the agreed price of a lot of piling sold and delivered by plaintiff to the defendant under a contract to deliver piling of certain specified dimensions and quality. The defendant answered, admitting the purchase, and that the plaintiff delivered “piling of the general nature and kind specified,” and alleging, by way of counterclaim, that the piling delivered was not of the dimensions or quality agreed to be furnished, in that it was crooked, knotty, smaller, and of less diameter and length, by reason…
1Opinion of the CourtGiven, J.
i. sale: delivery ferfor’quauty: vendeeTdaml agres' I. The record shows that the defects in the piling complained of were open, and readily discoverable; also, that the appellant kept and used the piling, knowing of these defects, without notice or complaint to the plaintiff until some four months after, and after a part of the price had been paid. The finding of the court shows that the piling furnished was inferior in dimensions and quality to that agreed to be furnished, and that the defendant sustained substantial damages by reason thereof. The single question submitted on this appeal is…
2Cases cited5 opinions
- Pixler v. NicholsSupreme Court of Iowa · 1859
- McClay v. HedgeSupreme Court of Iowa · 1864
- Hirshhorn & Co. v. StewartSupreme Court of Iowa · 1878
- Allison v. VaughanSupreme Court of Iowa · 1875
- Winelander & Co. v. JonesSupreme Court of Iowa · 1889
3Cited by7 opinions
- Fairbanks, Morse & Co. v. BaskettMissouri Court of Appeals · 1903
- Creamery Package Manufacturing Co. v. Benton County Creamery Co.Supreme Court of Iowa · 1903
- Latham v. PowellSupreme Court of Virginia · 1920
- Minneapolis Selling Co. v. R. N. Cowin & Co.Supreme Court of Iowa · 1911
- W. H. Hoopes & Sons v. F. H. Simpson Fruit Co.Supreme Court of Iowa · 1917
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