Puritan Mfg. Co. v. Emporium
Supreme Court of Iowa
Appeal from Dubuque District Court.— Hon. Ered O’Donnell, Judge. Action for goods sold and delivered to defendant under a written order. Defendant pleaded that it had been induced to sign the order by fraud, that the goods furnished did not correspond to warranty, and that the order had been rescinded by defendant and the goods returned to plaintiff. Verdict for defendant. Plaintiff appeals.—
1Per curiam
The written order on which plaintiff’s action is based was for an assortment of jewelry including over two hundred kinds, and as to many of these kinds was for from one to four dozen articles of each. The kinds were briefly enumerated in a printed order furnished by plaintiff’s traveling salesman, and the assortment as called for by the printed order, which was signed without change in this respect, amounted in price to three hundred and twenty-four dollars, the sum for which plaintiff sues. There is in the order no description of quality and no warranty, hut there is an agreement that any…
2Cases cited3 opinions
- Frum v. KeeneySupreme Court of Iowa · 1899
- Timken Carriage Co. v. C. S. Smith & Co.Supreme Court of Iowa · 1904
- Buchanan v. Blackhawk Coal WorksSupreme Court of Iowa · 1903
3Cited by5 opinions
- Dorman v. Credit Reference & Reporting Co.Supreme Court of Iowa · 1932
- Depping v. HansmeierSupreme Court of Iowa · 1926
- Polk v. Fremont CountySupreme Court of Iowa · 1924
- Johnson County Savings Bank v. GreggSupreme Court of Colorado · 1911
- Thompson v. ErbesSupreme Court of Iowa · 1936