Daugherty v. Advance-Rumely Thresher Co.
Supreme Court of Iowa
Appeal from Clay District Court. — James De Land, Judge. Action to recover the consideration paid by plaintiff for a tractor engine, together with the expense of repairs and freight. There was a verdict for plaintiff, and defendant appeals from a judgment thereon against it for $1,920.98 and costs. —
1Opinion of the CourtStevens, J.
— Plaintiff alleged in his petition that, on or about August 27,1917, he gave a written order to the defendant, through one Tony Rubes, its agent and salesman, for “one gas pull, rated 15, tractive H. P. 30; brake H. P. tractor with usual equipment, with kerosene equipment, also furnish with extension rims,” agreeing to pay therefor as follows: To execute a note for $1,170, due October 1,1918, and to deliver to the defendant, free of incumbrance, F. O. B. ears at Ruthven, Iowa, a secondhand Heider tractor. He also alleges that the said written order provided:
‘ ‘ Said machinery is warranted to…
2Cases cited8 opinions
- Thompson v. AndersonSupreme Court of Iowa · 1895
- Peterson v. Walter A. Wood Mowing & Reaping Machine Co.Supreme Court of Iowa · 1896
- Tubbs v. Mechanics' InsuranceSupreme Court of Iowa · 1906
- Kirkwood v. Perry Town Lot & Improvement Co.Supreme Court of Iowa · 1916
- Hanley v. Chicago, Milwaukee & St. Paul Railway Co.Supreme Court of Iowa · 1912
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3Cited by3 opinions
- Winter v. DavisSupreme Court of Iowa · 1933
- Olson v. ShaferSupreme Court of Iowa · 1928
- Maxwell Implement Co. v. FitzgeraldIndiana Court of Appeals · 1925