Thorson & Cassidy Co. v. Baker
Supreme Court of Iowa
Appeal from Johnson District Court. — ITon. M. J. Wade, Judge. Action at law to recover the purchase price of a shotgun. Defendant pleaded a rescission of the contract, and a tender back of the property. A demurrer to this plea was sustained, and defendant thereupon pleaded breach of warranty. Plaintiff demurred to this answer, and the demurrer was overruled. The appeal is from this order.
1Opinion of the Court
Deemer, O. J.
The case comes to ns on a certificate from the trial judge, which is too long to be set out in extenso. Shortly stated, the question is this: May the purchaser of goods plead in defense rescission of the contract of sale, and, after being defeated in that, by demurrer to his plea, amend and plead a counterclaim for breach of warranty ? The appellant contends that by first pleading recission he made his election to abandon the contract, and that he cannot after-wards rely on a breach of warranty in the sale. ITe relies upon the doctrine of election of remedies. An election of…
2Cases cited8 opinions
- Kearney Milling & Elevator Co. v. Union Pacific Railway Co.Supreme Court of Iowa · 1896
- Bunch v. GraveIndiana Supreme Court · 1887
- In re Van NormanSupreme Court of Minnesota · 1889
- Smith v. BrokerSupreme Court of Iowa · 1892
- Crawford v. NolanSupreme Court of Iowa · 1886
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3Cited by6 opinions
- Rice v. Friend Bros.Supreme Court of Iowa · 1917
- Laird v. ColeSupreme Court of Iowa · 1903
- Davidson Bros. v. SmithSupreme Court of Iowa · 1909
- Mallory Commission Co. v. ElwoodSupreme Court of Iowa · 1903
- Dooley v. CrabtreeSupreme Court of Iowa · 1906
1 more not listed; retrieve them via the Exa API.