Tolerton & Stetson Co. v. Anglo-California Bank, Ltd.
Supreme Court of Iowa
Appeal from Woodbury District Court.- — -Hon. George W. Wakeeield, Judge. The petition originally filed in this case asked, briefly, for damages oa account of a breach of warranty in the sale cf merchandise. Later a substituted petition was filed, setting up the cause of action in a more extended form, as follows: [Plaintiff is a corporation engaged in the wholesale grocery business at Sioux City, Iowa.
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Appeal from Woodbury District Court.- — -Hon. George W. Wakeeield, Judge. The petition originally filed in this case asked, briefly, for damages oa account of a breach of warranty in the sale cf merchandise. Later a substituted petition was filed, setting up the cause of action in a more extended form, as follows: [Plaintiff is a corporation engaged in the wholesale grocery business at Sioux City, Iowa. Defendant is a banking corporation whose principal place of business is in San Prancisco, Cal. During the summer of 1897 plaintiff purchased a car of canned goods from the California Canneries…
1Opinion of the Court
Waterman, J".
■1 The facts, so far as we have to consider them! under the issue upon which we make the case hinge, may be accepted as set out by plaintiff. There was a sale of these goods with a warranty, which was broken. Defendant was the payee of the draft drawn by the Canneries Company on plaintiff for the price, with the bill of lading attached, and as such received payment of the full purchase price. The question to be determined is whether defendant is now liable in damages for the breach of the Canneries Company’s warranty. It must be confessed that the theory of its liability is fully…
2Cases cited10 opinions
- Hays v. . HathornNew York Court of Appeals · 1878
- Landa v. Lattin Bros.Court of Appeals of Texas · 1898
- Finch v. . GreggSupreme Court of North Carolina · 1900
- Law v. BrinkerSupreme Court of Colorado · 1883
- Arpin v. OwensMassachusetts Supreme Judicial Court · 1885
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