Hart-Parr Co. v. Duncan
Supreme Court of Oklahoma
Error from District Court, Tillman County; Chas. B. Wilson, Jr., Assigned Judge. Action by the Hart-Parr Company against Joseph T. Duncan, with counterclaim by defendant for affirmative relief. Verdict and judgment denying plaintiff’s demand and allowing affirmative relief, and from the judgment and an order overruling its motion for a new trial, plaintiff 'brings errors.
1Opinion of the CourtHarrison, J.
The governing facts in this case are that in June, 1914, plaintiff in error, the Hart-Parr Company, a corporation of Charles City, Iowa, sold to defendant in error, Jos. T. Duncan, a certain 40 horse power oil tractor engine and two six-furrow disc plows, taking in payment Duncan’s five promissory notes, aggregating $2,785, secured by mortgage on the engine and plows.
The engine was warranted to do good work, but would not do so, and could not be made to do so. Duncan notified the Hart-Parr Company of such fact, and refused to pay the notes because of the worthlessness of the engine, whereupon…
2Cases cited5 opinions
- Rawlings v. UferSupreme Court of Oklahoma · 1916
- Young v. BlackertSupreme Court of Oklahoma · 1915
- Phillips v. MitchellSupreme Court of Oklahoma · 1917
- J. I. Case Threshing Machine Co. v. HuberMichigan Supreme Court · 1910
- Barber Medicine Co. v. BradleySupreme Court of Oklahoma · 1915
3Cited by9 opinions
- Carlo Bianchi & Co. v. Builders' Equipment & Supplies Co.Massachusetts Supreme Judicial Court · 1964
- Schroeder v. ZykanMissouri Court of Appeals · 1953
- Fairbanks, Morse & Co. v. MillerSupreme Court of Oklahoma · 1921
- Rundle v. Capitol Chevrolet, Inc.Court of Appeals of Tennessee · 1939
- Advance-Rumely Thresher Co. v. YancySupreme Court of Oklahoma · 1924
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