Legal Opinion

James H. Love & Co. v. Ross

Supreme Court of Iowa

Decided October 16, 1893PublishedCited by 18 opinions

Appeal from Dallas District Court. — Hon. J. H. Apple-gate, Judge, Action upon two promissory notes aggregating eight hundred dollars. The defendant answered, admitting the execution of the notes, and alleging by way of counterclaim the following: That about March 21, 1888, they purchased from the plaintiff, for breeding purposes, a stallion at the agreed price of one thousand, five hundred dollars.

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Appeal from Dallas District Court. — Hon. J. H. Apple-gate, Judge, Action upon two promissory notes aggregating eight hundred dollars. The defendant answered, admitting the execution of the notes, and alleging by way of counterclaim the following: That about March 21, 1888, they purchased from the plaintiff, for breeding purposes, a stallion at the agreed price of one thousand, five hundred dollars. That the plaintiffs warranted said horse in writing, as per copy attached, “to be a reasonably sure foal getter under favorable- circumstances,” and that said horse was not as warranted. They…

1Opinion of the CourtGiven, J.

i. sale: warrandamages1.11" I. We first consider the question presented by the plaintiffs on their appeal. The written contract set out in the defendant’s answer contains the following:

“Albia, Iowa, 3-21, 1888.
“In having this day sold to W. F. Graham, G. H. Ross and John Crawford the English Shire, Yorkshire Lad stallion for one thousand, five hundred dollars, it is therefore agreed that said stallion is warranted to be a reasonably sure foal getter under favorable .circumstances, and in default thereof said W. F. Graham, C. H. Ross and John Crawford can return said stallion to us here at…

2Cases cited5 opinions

  1. Joy v. BitzerSupreme Court of Iowa · 1889
  2. King v. TowsleySupreme Court of Iowa · 1884
  3. Russell & Co. v. MurdockSupreme Court of Iowa · 1890
  4. Short v. MattesonSupreme Court of Iowa · 1891
  5. Connoble v. ClarkMissouri Court of Appeals · 1889

3Cited by18 opinions

  1. Lakota Girl Scout Council, Inc. v. Havey Fund-Raising Management, Inc., and Francis P. HaveyCourt of Appeals for the Eighth Circuit · 1975
  2. Whalen v. GordonCourt of Appeals for the Eighth Circuit · 1899
  3. Nave v. PowellIndiana Court of Appeals · 1911
  4. Denver Horse Importing Co. v. SchaferSupreme Court of Colorado · 1914
  5. Clear Lake Co-Operative Live Stock Shippers' Ass'n v. WeirSupreme Court of Iowa · 1925

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