Legal Opinion

Aultman, Miller & Co. v. Theirer

Supreme Court of Iowa

Decided June 20, 1872PublishedCited by 16 opinions

Appeal from Blackhcmh Oirewit Oowrt, Action upon a promissory note for $100. Defense, that the note was given for a reaping and mowing machine, which was warranted by plaintiffs, and that the warranty was broken. Jury trial. Yerdict and judgment for defendant. Plaintiffs appeal. The necessary facts ¡appear in the opinion.

1Opinion of the CourtDay, J.

The note in question was executed in part consideration of a Buckeye reaper and mower, sold to defendant by the plaintiffs’ agents, under a printed warranty as follows: “ The Buckeye reaper and mower is warranted to cut, if properly managed, one acre per hour, or ten or twelve acres per day, either grain or grass, in a workmanlike manner, with one pair of horses. The purchaser is allowed to cut two acres of grass, and also two acres of grain on trial, and, in case any thing proves defective, due notice must be given to us or our agent, and time allowed to send a person to put it in order. If…

2Cases cited1 opinion

  1. Bomberger, Wright & Co. v. GrienerSupreme Court of Iowa · 1865

3Cited by16 opinions

  1. Feeney & Bremer Co. v. StoneOregon Supreme Court · 1918
  2. Fred W. Wolf Co. v. Monarch Refrigerating Co.Illinois Supreme Court · 1911
  3. Myer v. Wheeler & Co.Supreme Court of Iowa · 1884
  4. Upton Manuf'g Co. v. HuiskeSupreme Court of Iowa · 1886
  5. King v. TowsleySupreme Court of Iowa · 1884

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