Advance-Rumely Thresher Co. v. Nelson

The opinion of the court was delivered by

Dawson, J.:

The plaintiff sued the defendants for the contract price of a silage cutter. Its motion for judgment on defendant’s answer being overruled, the correctness of that ruling is brought here for review.

Plaintiff’s petition recited the pertinent facts touching the dealer’s contract and order, the delivery of the silage cutter, and defendants’ failure to pay. The written contract was attached to .the petition. Among its recitals, it was provided:

“The within named goods are warranted to be made of good material and to do good work when properly set…