Four Traction Auto Co. v. Hurni
Supreme Court of Iowa
Appeal from Woodbury District Court. — Hon. George Jepson, Judge. Action at law in two counts, the first upon a sale and delivery of an auto truck and to recover the agreed price therefor; the second count to recover upon a note given for the purchase price of the truck. Defendant claimed the truck did not meet the conditions and comply with the contract.
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Appeal from Woodbury District Court. — Hon. George Jepson, Judge. Action at law in two counts, the first upon a sale and delivery of an auto truck and to recover the agreed price therefor; the second count to recover upon a note given for the purchase price of the truck. Defendant claimed the truck did not meet the conditions and comply with the contract. For reply, plaintiff pleaded a waiver or loss of the right to return the truck because of certain changes and repairs made by defendant without the written consent of plaintiff, contrary to the terms of the contract and the warranty under…
1Opinion of the CourtPreston, J.
1. Defendant was doing business at Sioux City, Iowa, under the firm or trade name of R. ITumi Packing Company. About the first of January, 1910, and before the correspondence hereafter set out, defendant and his engineer, or master mechanic, went to plaintiff’s factory at Mankato, Minnesota, and inspected and tried the truck that was later shipped to defendant. On January 24, 1910, defendant wrote plaintiff a letter, making a proposition for the purchase of the truck. This letter follows:
*478“Sioux City, Iowa, January 24, 1910. — -The Four Traction Auto Company, Mankato, Minn. Gentlemen: — Taking…
2Cases cited12 opinions
- Seitz v. Brewers' Refrigerating MacHine Co.Supreme Court of the United States · 1891
- Blackmore v. Fairbanks, Morse & Co.Supreme Court of Iowa · 1890
- Upton Manuf'g Co. v. HuiskeSupreme Court of Iowa · 1886
- Mast & Co. v. Pearce & CowanSupreme Court of Iowa · 1882
- Electric Storage Battery Co. v. Waterloo, Cedar Falls & Northern Railway Co.Supreme Court of Iowa · 1908
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3Cited by4 opinions
- Advance-Rumely Thresher Co. v. WhartonSupreme Court of Iowa · 1930
- Hunt Truck Sales and Service, Inc. v. Omaha StandardDistrict Court, S.D. Iowa · 1960
- J. L. Owens Co. v. Leland Farmers Elevator Co.Supreme Court of Iowa · 1921
- Carlsten-Williams Co. v. Marshall Oil Co.Supreme Court of Iowa · 1919