Pugh v. A. D. Bothne Co.
Supreme Court of Iowa
Appeal frovi Polk District Court. — Citas. A. Dudley, Judge. Action for damages for breach of warranty in the sale of an automobile. The principal defendant is the Great Western Automobile Company, a nonresident corporation. The only service of original notice on such defendant was made upon an alleged agent in Des Moines. Such defendant appeared specially and denied the agency, and likewise the validity of the service and the jurisdiction of the court.
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Appeal frovi Polk District Court. — Citas. A. Dudley, Judge. Action for damages for breach of warranty in the sale of an automobile. The principal defendant is the Great Western Automobile Company, a nonresident corporation. The only service of original notice on such defendant was made upon an alleged agent in Des Moines. Such defendant appeared specially and denied the agency, and likewise the validity of the service and the jurisdiction of the court. The trial court sustained such plea in denial of its jurisdiction, and discharged the defendant. The plaintiff appeals.
1Opinion of the Court
Evans,-C. J.
resident corporation: “agency:” breach of warranty. We have no brief for appellees. It appears from the record that the plaintiff purchased a Great Western automobile from A. D. Bothne, who was a regular dealer at Des Moines, Iowa. He purchased the same under an alleged warranty purporting to have been- made by the manufacturer, the v principal defendant. The one question involved in this appeal is whether Bothne and his place of business was an agency of the principal defendant, within the meaning of Code Section 3532, so that jurisdiction could be acquired over the principal…
2Cases cited1 opinion
- Locke v. Chicago Chronicle Co.Supreme Court of Iowa · 1899
3Cited by6 opinions
- Davidson v. Henry L. Doherty & Co.Supreme Court of Iowa · 1932
- Mayer v. WrightSupreme Court of Iowa · 1944
- Duhigg v. Waterloo Gasoline Engine Co.Supreme Court of Iowa · 1920
- Reliance Motor Co. v. CraigSupreme Court of Iowa · 1928
- Walter M. Toole Co. v. Distributors Group, Inc.Supreme Court of Iowa · 1933
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