Williams v. Donaldson
Supreme Court of Iowa
Appeal from the Scott District Court. This action was brought upon a promissory note. The answer admits the execution of the note, but says it was given in part payment for a reaper sold him by plaintiff’s agent; that said reaper was warranted to perforin in a certain manner, (which the pleader sets out), and avers a breach, and an offer to return.
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Appeal from the Scott District Court. This action was brought upon a promissory note. The answer admits the execution of the note, but says it was given in part payment for a reaper sold him by plaintiff’s agent; that said reaper was warranted to perforin in a certain manner, (which the pleader sets out), and avers a breach, and an offer to return. It is also averred that the machine was wholly worthless and unfit for use; that defendant refused to execute the note, and would not, but for certain representations made by plaintiff; that they were calculated to deceive, and did deceive, said…
1Opinion of the Court
'Wrigiit, C. J.-
-The contract for the sale of the reaper, is contained in a written or printed order, signed by defendant, directed to plaintiff or his agent — the material parts of which are as follows: It was to be delivered at Davenport, to the care of Burrows & Prettyman, on or before the first of July, 1855 ; defendant was to pay freight and charges ; $50 at the time of delivery, and $110 on the first of March, 1856. Said machine was warranted to be of good materials — to be well made — not liable to get out of order, under’careful usage — and to be capable, with one man and a good team,…
2Cases cited3 opinions
- Raver v. WebsterSupreme Court of Iowa · 1856
- Ring v. AshworthSupreme Court of Iowa · 1856
- Dougherty v. PosegateSupreme Court of Iowa · 1856
3Cited by5 opinions
- State v. McPhersonSupreme Court of Iowa · 1859
- Gelpcke v. BlakeSupreme Court of Iowa · 1863
- McCormick & Bro. v. DunvilleSupreme Court of Iowa · 1873
- Bigelow v. WilsonSupreme Court of Iowa · 1893
- Hathway v. RogersSupreme Court of Iowa · 1900