Sheldon v. Booth
Supreme Court of Iowa
Appeal from Hoiuard Circuit Court. Action on a promissory note given in part payment of a threshing machine which was sold with a warranty, a breach of which was pleaded as a defense. There was a trial by a jury. Verdict and judgment for the defendant. The plaintiff appeals.
1Opinion of the CourtSeevers, J.
I. The plaintiff claimed that the note and others, at the time the machine was purchased, were, by agreement of both parties, placed in the hands of Platt & O’Malley, and were to be delivered to the plaintiff whenever the defendant was satisfied with the machine; and that the defendant, after a trial of the machine, expressed himself as satisfied; and that the notes were delivered to the plaintiff with defendant’s consent.
No objection is made to the instructions on this point, but it is insisted the verdict is contrary thereto. A careful consideration satisfies us there was a conflict in the…
2Cases cited1 opinion
- Hopper v. Moore & Co.Supreme Court of Iowa · 1876
3Cited by6 opinions
- City of Fort Wayne v. CoombsIndiana Supreme Court · 1886
- McKelvey v. Ches. & Ohio R'y Co.West Virginia Supreme Court · 1891
- Benjamin v. Metropolitan Street Railway Co.Missouri Court of Appeals · 1892
- McGonigle v. KaneSupreme Court of Colorado · 1894
- Duffy v. HendersonSupreme Court of Iowa · 1912
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