Rhynas v. Keck
Supreme Court of Iowa
Appeal from Van Burén District Oourt. — T). M. Anderson, Judge. The petition declares that damages are due because, upon the matters alleged, defendant should be charged with and to have breached an implied warranty that hogs sold by him were fit for the use he knew plaintiff would put them to. From sustaining a demurrer to this petition, plaintiff appeals.
1Opinion of the Court
Salinger, . J.
1' implied111" nyf «nres ordl" teat disease^ I. The second count of a second amendment to petition to which demurrer was sustained discloses this:
On the 26th of September, 1913, defendant contracted with plaintiff to sell and deliver to plaintiff, at Stockport, 28 head of hogs, to average about 120 pounds. The price was agreed to, and the hogs were to be weighed, paid for and delivered. Plaintiff did not see the hogs, and had no opportunity to see and examine same before delivery. At the time of the delivery, he had no opportunity to examine to ascertain if the hogs were…
2Cases cited32 opinions
- Hatch v. Oil Co.Supreme Court of the United States · 1879
- Hoe v. . SanbornNew York Court of Appeals · 1860
- Hawkins v. . PembertonNew York Court of Appeals · 1872
- Fitch v. NewberryMichigan Supreme Court · 1843
- Miller & Co. v. Moore, Sims & Co.Supreme Court of Georgia · 1889
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- Reed v. BungerSupreme Court of Iowa · 1963
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- Morf v. WashburnSupreme Court of Iowa · 1959
- Omaha Beverage Co. v. Temp Brew Co.Supreme Court of Iowa · 1919
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