Thielman v. Reinsch
Supreme Court of Arkansas
Appeal from Arkansas Circuit Court; Eugene Lankford, Judge; STATEMENT BY THE COURT. Henry Thielman brought this suit against E. G. Reinsch and J. H. Owens, .composing the firm of Reinsch & Owens, to recover damages for an alleged breach of warranty in the sale of two pumps.
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Appeal from Arkansas Circuit Court; Eugene Lankford, Judge; STATEMENT BY THE COURT. Henry Thielman brought this suit against E. G. Reinsch and J. H. Owens, .composing the firm of Reinsch & Owens, to recover damages for an alleged breach of warranty in the sale of two pumps. The defendant filed an answer in which they denied that they had warranted the pumps sold the plaintiff, and by way of cross complaint asked judgment for the sum of $500. alleged to be due them on the purchase price of the pumps. The facts as deyeloped by the evidence adduced by the plaintiff is substantially as follows:…
1Opinion of the Court
Hart, J.,
(after stating the facts.) The court gave to the jury the following instruction:
“1. First, you are instructed that if you find that the defendants, or either of them, sold to the plaintiff, Henry Thielman, two of the Owens pumps, and that they, or either of them, warranted that said pumps would furnish 600 gallons of water per minute for the pumping season of 1909 for the purpose of irrigating plaintiff’s rice crop, and you. believe that said pumps were imperfectly constructed and would not furnish the water which. they were warranted to furnish, which failure was not on account of…
2Cases cited1 opinion
- J. I. Case Threshing Machine Co. v. BaileySupreme Court of Arkansas · 1909
3Cited by4 opinions
- Franklin v. StateSupreme Court of Arkansas · 1922
- Greenville Stone & Gravel Co. v. ChaneySupreme Court of Arkansas · 1917
- Caldwell v. StateSupreme Court of Arkansas · 1948
- Nutt v. FrySupreme Court of Arkansas · 1915