Daly v. W. W. Kimball Co.
Supreme Court of Iowa
Appeal from Polk Circuit Court. Plaintiff brought this action to recover the value of a piano. She alleges in her petition that she entered into a contract with defendant for the exchange of a piano which she owned for another piano which defendant owned; that it was a condition of the contract that she should have a reasonable'time after the delivery to her of defendant’s instrument within which to test it, and that, if she was not satisfied with said instrument after…
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Appeal from Polk Circuit Court. Plaintiff brought this action to recover the value of a piano. She alleges in her petition that she entered into a contract with defendant for the exchange of a piano which she owned for another piano which defendant owned; that it was a condition of the contract that she should have a reasonable'time after the delivery to her of defendant’s instrument within which to test it, and that, if she was not satisfied with said instrument after testing it, hut preferred to retain her own, defendant would take it back and return her piano to her, but, if she was…
1Opinion of the CourtReed, J.
1. EVIDENCE wriMiig°-Vciuty Síteípret*0 writmg. I. On the trial plaintiff introduced parol evidence which tended to prove that defendant delivered the piano which it first delivered to plaintiff, and _ r J - received the old instrument from her, on ithe understanding- that she should test the instrument which she received, and that, if she was satisfied with it after giving it a fair trial, she should keep it at the price agreed upon, which w^as $375, and that defend7 ant should retain the oldpiano at $125, and credit that amount on the price of the new one; and that plaintiff should pay the…
2Cases cited1 opinion
- American Emigrant Co. v. ClarkSupreme Court of Iowa · 1878
3Cited by7 opinions
- Doolittle v. J. C. Murray & Co.Supreme Court of Iowa · 1907
- Lilienthal v. Suffolk Brewing Co.Massachusetts Supreme Judicial Court · 1891
- Allan v. BemisSupreme Court of Iowa · 1903
- Clement, Bane & Co. v. DrybreadSupreme Court of Iowa · 1899
- Hansen v. Village of RalstonNebraska Supreme Court · 1945
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