National Horse Importing Co. v. Novak
Supreme Court of Iowa
Appeal from Johnson District Court. — Hon. M. J. Wade, Judge. Action at law upon a promissory note made and executed by defendants, F. H. and Frank Novak. Defense, false and fraudulent rep res entatio ns and breach of warranty in the sale of a stallion for a part of the purchase price of which the note was given. Defendants also plead a counter-claim for breach of warranty. Trial to a jury. Verdict and judgment for plaintiff, and defendants appeal. —
1Opinion of the CourtDeemer,C. J.
— The appellants, or one of them, purchased two stallions of appellee, one known as “Prince Rupert,” and the other as “Harvester”; and one of the issues in the case was as to which horse the note was given for. The jury found specially that it was given for “Prince Rupert,” and that appellant Frank Novak, Sr., signed the note as surety only. Appellants contend that the evidence shows without dispute that the note was given for “Harvester.” We do not agree with them in this contention. The evidence was in conflict and the finding is not without support.
*1591 *158II. There were two trials of the case,…
2Cases cited3 opinions
- Meyer v. HouckSupreme Court of Iowa · 1892
- Heusinkveld ex rel. Bruins v. St. Paul Fire & Marine InsuranceSupreme Court of Iowa · 1895
- Humbert v. LarsonSupreme Court of Iowa · 1893
3Cited by7 opinions
- O. C. Barber Mining & Fertilizing Co. v. Brown Hoisting Machinery Co.Court of Appeals for the Sixth Circuit · 1919
- Cary-Platt v. Iowa Electric Co.Supreme Court of Iowa · 1929
- Breen v. Iowa Central Railway Co.Supreme Court of Iowa · 1918
- State v. CordaroSupreme Court of Iowa · 1932
- Hamilton v. United StatesDistrict of Columbia Court of Appeals · 1943
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