Legal Opinion

Parker v. Hendrie

Supreme Court of Iowa

Decided December 15, 1856PublishedCited by 1 opinion

Appeal from the Des Moines District Court. The plaintiff seeks to recover damages for an alleged breach of warranty, in the sale of a threshing machine. Defendant answers, admitting the contract of sale, but denies, however, that the machine was defective, in the particulars alleged iu the petition; and avers that it was broken by plaintiff’s own negligence; that defendant at one time repaired it, and plaintiff again broke it, by like negligence, and improper usage.

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Appeal from the Des Moines District Court. The plaintiff seeks to recover damages for an alleged breach of warranty, in the sale of a threshing machine. Defendant answers, admitting the contract of sale, but denies, however, that the machine was defective, in the particulars alleged iu the petition; and avers that it was broken by plaintiff’s own negligence; that defendant at one time repaired it, and plaintiff again broke it, by like negligence, and improper usage. To this, there was a replication in denial. The bill of exceptions states, that defendant introduced no evidence to prove that…

1Opinion of the Court

"Weight, C. J.

Appellant insists, that this verdict was so clearly against the weight of evidence, that it should have been set aside, and a new trial ordered. The issue made in the case, to state it briefly, was, whether the machine failed to work well, because of plaintiff’s negligence. Upon this subject, the bill of exceptions informs us, that the defendant failed to introduce any proof. As, the burthen of proof in this respect was upon him, there is no ground for claiming that the verdict was against evidence. The testimony as to the agreement to return the machine, and the instructions…

2Cited by1 opinion

  1. Scott v. MorseSupreme Court of Iowa · 1880

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