Volz v. Clark

WELCH, Justice.

Plaintiff filed an action in replevin to recover possession of a hay baler sold by him to the defendant W. J. Volz. Attached to the petition was a copy of a chattel mortgage and on the reverse side of the chattel mortgage was a warranty of the fitness of the machine by the J. I. Case Company. Defendant filed an answer and cross-petition alleging a breach of the warranty by plaintiff, and resulting damage. The J. I. Case Company was made a party defendant on the application of the plaintiff. This company then filed an answer setting up the written warranty attached to the…