Ellis v. Barkley
Supreme Court of Iowa
Appeal from Mahaska District Court. — Hon. Byron W. Preston, Judge. The plaintiff purchased from defendant a team of mules which he alleges defendant warranted to be gentle and true and not liable to run away. Plaintiff paid the agreed price and took the mules but alleges that on attempting to use them they promptly ran away with him and proved to be intractable and unmanageable.
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Appeal from Mahaska District Court. — Hon. Byron W. Preston, Judge. The plaintiff purchased from defendant a team of mules which he alleges defendant warranted to be gentle and true and not liable to run away. Plaintiff paid the agreed price and took the mules but alleges that on attempting to use them they promptly ran away with him and proved to be intractable and unmanageable. He thereupon offered to return the team to defendant, declared the contract of purchase rescinded, and demanded a return of his money. His demand being refused, he? brings this action alleging a breach of the…
1Opinion of the CourtWeaver, C. J.
1. Sales: warranty: breach evidence. The controversy involves two simple questions of fact: First, Did the defendant warrant the mules? and, second, if there was a warranty, has there been a breach of its terms? If both inquiries are answered in the affirmative, plaintiff is en- . ♦ titled to damages. If either is answered in the negative, there can be no recovery. Whether there was a warranty or breach of warranty is a matter of dispute in the testimony, and on familiar principles the verdict of the *660jury thereon must stand, subject of course to plaintiff’s right to a review of errors upon…
2Cases cited8 opinions
- Latham v. ShipleySupreme Court of Iowa · 1892
- Powell v. ChittickSupreme Court of Iowa · 1893
- Zimmerman v. BrannonSupreme Court of Iowa · 1897
- Hughes v. Funston & SmithSupreme Court of Iowa · 1867
- Tewkesbury v. BennettSupreme Court of Iowa · 1870
3 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- Hayward v. YostIdaho Supreme Court · 1952
- Thornton v. International Harvester Co. of AmericaSupreme Court of Iowa · 1922
- De Zeeuw v. Fox Chemical Co.Supreme Court of Iowa · 1920
- Ellyson v. PedenSupreme Court of Iowa · 1915
- Hayward v. YostIdaho Supreme Court · 1952