Parsons Band Cutter & Self Feeder Co. v. Mallinger
Supreme Court of Iowa
Appeal from Webster District Court. — Hon. S. M. Weaver, Judge. ActioN to recover the contract price of a certain machine sold, as alleged, by plaintiff to defendant. The plaintiff at the time in question was represented at Ft. Dodge, this state, by the Mitchell Implement Company as its agent. The defendant is a farmer residing in the vicinity of Ft. Dodge.
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Appeal from Webster District Court. — Hon. S. M. Weaver, Judge. ActioN to recover the contract price of a certain machine sold, as alleged, by plaintiff to defendant. The plaintiff at the time in question was represented at Ft. Dodge, this state, by the Mitchell Implement Company as its agent. The defendant is a farmer residing in the vicinity of Ft. Dodge. In July, 1900, defendant gave plaintiff, through the Mitchell Company, an order in writing for a band-cutter and self-feeder, a machine designed and intended to be used on a grain-threshing machine, the particular purpose thereof being…
1Opinion of the Court
Bishop, J.-
Counsel for appellant seem to think that under the circumstances disclosed by the record no right was reserved to the defendant to work a rescission of the 3. implied warranty. contract. We can agree quite readily with counsel -¿hat onG party alone cannot ordinarily rescind a contract, or force the other party to rescind, unless his *707act is in some way authorized or acquiesced iu by tbe other. What two at least are needed to make, one alone cannot' ordinarily undo. This is the doctrine of the text,of 2 Mechem on Sales, section 810, and may be accepted as the general rule. But, as we…
2Cases cited9 opinions
- Blackmore v. Fairbanks, Morse & Co.Supreme Court of Iowa · 1890
- J. I. Case Threshing-Machine Co. v. HavenSupreme Court of Iowa · 1884
- Pitsinowsky v. Beardsley, Hill & Co.Supreme Court of Iowa · 1873
- Rogers v. Hanson & Co.Supreme Court of Iowa · 1872
- McCormick Harvesting Machine Co. v. BrowerSupreme Court of Iowa · 1893
4 more not listed; retrieve them via the Exa API.
3Cited by21 opinions
- Peters v. LyonsSupreme Court of Iowa · 1969
- Davis Calyx Drill Co. v. MalloryCourt of Appeals for the Eighth Circuit · 1905
- Conkling v. Standard Oil Co.Supreme Court of Iowa · 1908
- City National Bank of Columbus v. JordanSupreme Court of Iowa · 1908
- Swift Co. v. . AydlettSupreme Court of North Carolina · 1926
16 more not listed; retrieve them via the Exa API.