Roenfeld v. Poston
Supreme Court of Iowa
Appeal from PobtaAoatbamiie District Go art. — Thomas Arthur, Judge. Ti-ie plaintiff alleges that defendant represented certain swine claimed by plaintiff to have been bought of defendant were free from all infection, and had been duly immunized, and warranted that this was so; and that, in reliance, he bought and paid for said animals. He alleges that this warranty was breached, to his damage. Be has verdict and judgment, and defendant appeals.
1Opinion of the CourtSalinger, J.
i. sales : pleading: allegation of freedom from contributory negligence. I. The petition contained no averment that the plaintiff was himself free from contributory negligence. By motion to direct verdict, and by an exception to an instruction, defendant asserted that a verdict should be directed for defendant because this allegation was lacking. We are . 0f opinion that this insistence is based upon a misapprehension of the issues. It is only when the plaintiff alleges that he was damaged by some negligence of the defendant’s that it is incumbent for the plaintiff to add that he, himself, in…
2Cases cited3 opinions
- Powers v. Iowa Glue Co.Supreme Court of Iowa · 1918
- Baudouine v. GrimesSupreme Court of Iowa · 1884
- Lindmeier v. MonahanSupreme Court of Iowa · 1884
3Cited by5 opinions
- Boeger & Buchanan v. HagenSupreme Court of Iowa · 1927
- Williams v. ScheeSupreme Court of Iowa · 1932
- Bankers Trust Co. v. KneeSupreme Court of Iowa · 1935
- Cavanaugh v. Spring Valley Stock Farm Co.Supreme Court of Iowa · 1928
- Biddle v. WorthingtonSupreme Court of Iowa · 1933