De Zeeuw v. Fox Chemical Co.
Supreme Court of Iowa
Appeal from Cherokee District Court. — Willi\m Hutchinson, Judge. In substance, this was a suit to recover on an alleged warranty. The trial court declined to direct a verdict for defendant, and, on submission to the jury, it returned a verdict for plaintiff. Defendant appeals.
1Opinion of the CourtSalinger, J.
I. The petition alleges that plaintiff, in June, 1918, owned 100 hogs, weighing about 35 pounds each; that defendant corporation, through its agent, E. P. Quirin, stated to the plaintiff that his hogs were troubled with worms, and that, if he would feed defendant's' worm powder, it would improve the growth and physical condition of said hogs. Terming this an oral warranty, the petition further alleges that plaintiff, relying on the said wax*1196ranty, purchased, from the defendant 50 pounds of the worm powder, and fed the same to his hogs, as he was instructed and directed by the said E. P.…
2Cases cited5 opinions
- Davis v. HansenSupreme Court of Iowa · 1919
- McDonald Manufacturing Co. v. ThomasSupreme Court of Iowa · 1880
- Ellis v. BarkleySupreme Court of Iowa · 1913
- Schlichting v. RowellSupreme Court of Iowa · 1909
- Davis v. BerkheimerSupreme Court of Iowa · 1911
3Cited by2 opinions
- Miller v. Economy Hog & Cattle Powder Co.Supreme Court of Iowa · 1940
- J. A. Campbell Co. v. CorleyOregon Supreme Court · 1932