Hunt v. Hoover
Supreme Court of Iowa
Appeal from Mahaska District Court. Plaintiff seeks to recover $6,000 for false representations and a breach of warranty in the sale to him, by defendant, of a patent right for “a new and useful process for making sugar from sorghum and other cane.” Trial, verdict and judgment for $2,800, and defendant appeals. For other -facts see the opinion.
1Opinion of the CourtWright, J.
1. amendment: ncwaitesa The petition contained, at first, three counts. Defendant moved for a more specific statement, setting forth why and for what reasons the was useless. This was sustained. Plaintiff elected to stand upon the third count of his petition, and “ for a more specific statement of his cause of action and as an amendment to his petition, says, etc.” The third count originally was for fraud. This amendment counts upon the warranty as well as fraud. Defendant moved “ to strike from the paper filed, as a more specific statement, all claim based upon the alleged warranty,” because…
2Cases cited2 opinions
- Brooks v. StolleyU.S. Circuit Court for the District of Ohio · 1845
- Bull v. PrattSupreme Court of Connecticut · 1815
3Cited by4 opinions
- Hotchkiss v. Fitzgerald Patent Prepared Plaster Co.West Virginia Supreme Court · 1895
- Rawson v. HargerSupreme Court of Iowa · 1878
- Hanson v. Hall Manufacturing Co.Supreme Court of Iowa · 1922
- Keith v. HobbsSupreme Court of Missouri · 1878