Douglass v. Moses
Supreme Court of Iowa
Appeal from Cedar District Court. — Hon. James D. G-iffen, Judge. This is an action at law to recover damages of the defendant for the breach of an alleged warranty of a horse sold by the defendant to the plaintiffs. There was a trial by jury, which resulted in a verdict and judgment for. the defendant. The plaintiffs appeal.—
1Opinion of the CourtKothrock, J.
*41L action oí°xs-6' tyfln^tracfion to jury. *40I. The claim made in the petition is that- the plaintiffs purchased a horse of the defend*41ant, for which, they paid one hundred and fifty dollars, and that the purchase was effected by reason of a warranty by the j defendant that the horse was a gelding, and that he was sound and gentle, when in fact he was not a gelding, and had not been fully . castrated, but had one testicle remaining, and that said horse was not sound and gentle. There are averments in the petition that the statements made as to the horse being a gelding, and sound and gentle, were…
2Cases cited5 opinions
- Callanan v. Brown & Co.Supreme Court of Iowa · 1871
- Likes v. BaerSupreme Court of Iowa · 1859
- First National Bank v. RenoSupreme Court of Iowa · 1887
- Lacey v. StraughanSupreme Court of Iowa · 1860
- Gates v. ReynoldsSupreme Court of Iowa · 1861
3Cited by4 opinions
- Stoke v. ConverseSupreme Court of Iowa · 1911
- O'Shea v. HatchNew Mexico Court of Appeals · 1982
- Bowen v. ZaccantiMissouri Court of Appeals · 1919
- Wilson v. BlairMontana Supreme Court · 1922