Indiana Silo Co. v. Harris
Supreme Court of Arkansas
Appeal from Perry Circuit Court; G. W. Hendricks, Judge; 1. The court erred in giving defendant’s instructions 3, 4 and 5 and in refusing those asked by plaintiff. The silo was not a finished product erected by plaintiff, and warranted fit for the purposes intended. The defendant took and accepted the materials and employed a contractor to erect it. If there were any defects plaintiff was not responsible.
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Appeal from Perry Circuit Court; G. W. Hendricks, Judge; 1. The court erred in giving defendant’s instructions 3, 4 and 5 and in refusing those asked by plaintiff. The silo was not a finished product erected by plaintiff, and warranted fit for the purposes intended. The defendant took and accepted the materials and employed a contractor to erect it. If there were any defects plaintiff was not responsible. Defects, if any, were obvious and the defective parts should have been rejected and notice given. A general warranty does not cover obvious defects. If the silo had been properly constructed…
1Opinion of the Court
WOOD, J.,
(after stating the facts). (1) The contract provides that “all claims for shortage, damaged or defective parts must be made by purchaser within ten days from time of receiving silo.” The court did not err in instructing the jury that this provision of the contract was not binding upon the appellee because under the undisputed evidence there was no shortage, no damage, or defective parts which.the appellee discovered, or by the exercise of any ordinary care could have discovered within ten days after the silo was received.
Appellee testified concerning this that he was inexperienced in…
2Cases cited1 opinion
- Blackmore v. Fairbanks, Morse & Co.Supreme Court of Iowa · 1890
3Cited by5 opinions
- Swift Co. v. . AydlettSupreme Court of North Carolina · 1926
- Swift & Co. v. AydlettSupreme Court of North Carolina · 1926
- American Tank Co. v. Revert Oil Co.Supreme Court of Kansas · 1921
- Jones v. Model LaundrySupreme Court of Arkansas · 1929
- North Liberty Silo & Concrete Co. v. HuberIndiana Court of Appeals · 1925