Judd & Co. v. Day Bros.
Supreme Court of Iowa
Appeal from Winneshiek District Court. Action on two accepted drafts. The answer alleged the drafts were given for certain shingles sold by plaintiffs to the defendants, which were warranted to be of *A* brand, or first quality; that the same were of an inferior quality, and by reason thereof the defendants are damaged in the sum of two hundred dollars, which they ask to have set off against plaintiffs’ claim on the drafts.
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Appeal from Winneshiek District Court. Action on two accepted drafts. The answer alleged the drafts were given for certain shingles sold by plaintiffs to the defendants, which were warranted to be of *A* brand, or first quality; that the same were of an inferior quality, and by reason thereof the defendants are damaged in the sum of two hundred dollars, which they ask to have set off against plaintiffs’ claim on the drafts. There was a reply denying the allegations of the answer, and a trial to the court. There was a finding that the defendants were entitled to eighty-nine dollars and…
1Opinion of the CourtSeevers, J.
1. contract : ana vendee, I. Counsel claim on the plaintiffs’ appeal there are two questions for determination, which are — “First, was there a warranty shown by the admitted facts? and, second, was there a breach?” To these only will our attention be directed. As to the last proposition the evidence was conflicting; but we think the preponderance was with the defendants. At least there was evidence to justify the finding.
As to the sale and warranty the material evidence is in writing, the business having been conducted by correspondence. The defendants wrote the plaintiffs as follows:
“Decorah…
2Cases cited1 opinion
- Hall v. ClaytonSupreme Court of Iowa · 1876
3Cited by6 opinions
- Egger v. NesbittSupreme Court of Missouri · 1894
- Montgomery Gas-Light Co. v. City Council of MontgomerySupreme Court of Alabama · 1888
- Gipps Brewing Co. v. De FranceSupreme Court of Iowa · 1894
- A. & J. Trounstine & Co. v. SellersSupreme Court of Kansas · 1886
- McDonald v. BengeSupreme Court of Iowa · 1908
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