J. I. Case Threshing-Machine Co. v. Haven
Supreme Court of Iowa
Appeal from Howard District Court. Action on four promissory notes, and. to foreclose a mortgage given to secure tbe same. Tbe notes were made payable to J. I. Case & Co., and were assigned to plaintiff.
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Appeal from Howard District Court. Action on four promissory notes, and. to foreclose a mortgage given to secure tbe same. Tbe notes were made payable to J. I. Case & Co., and were assigned to plaintiff. Defendant admitted tbe execution of tbe notes, but averred tbat they were given in renewal of other notes given by him to J. I. Case & Co. for tbe price of a steam threshing-machine, and tbe appurtenances and fixtures belonging thereto,which said firm sold to him; that they warranted said machine to be well made, of good materials, and durable with proper care, and to do as good business in…
1Opinion of the CourtReed, J.
A number of questions have been argued by counsel which we do not find it necessary to consider. For the purposes of the case, it may be conceded that it is established by competent evidence that there was a warranty by J. I. Case & Co. of the machine for the price of which the original notes were given, and that there has been a failure of that warranty, and that defendant did not waive his claim for the damages consequent on the breach, by renewing the notes with knowledge that such breach had occurred. The vendee of personal property which has been sold with warranty as to its quality, on…
2Cases cited2 opinions
- Aultman, Miller & Co. v. TheirerSupreme Court of Iowa · 1872
- Pitsinowsky v. Beardsley, Hill & Co.Supreme Court of Iowa · 1873
3Cited by17 opinions
- Harvey v. Mason City & Fort Dodge RailroadSupreme Court of Iowa · 1906
- Holcomb v. SpikesCourt of Appeals of Texas · 1921
- Parsons Band Cutter & Self Feeder Co. v. MallingerSupreme Court of Iowa · 1904
- State v. BraskampSupreme Court of Iowa · 1893
- Hoffman v. Independent District of HamptonSupreme Court of Iowa · 1895
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