Lahiff v. Keville
Supreme Court of Iowa
Appeal from Webster District Court. — H. E. Fry, Judge. Action at law to recover the price paid for a span of horses, the' contract of purchase having been rescinded by the purchaser for breach of warranty and false representation as to one of the horses. There was a verdict for the plaintiff, and judgment thereon. Defendant appeals.
1Opinion of the CourtEvans, J.
At the close of the evidence, the defendant moved for a directed verdict, on the ground that it appeared conclusively from the evidence that the two horses in question were severally bought, and not jointly, and that a breach as to one did not authorize a rescission as to both. *1335This motion was overruled: The question whether the contract of purchase was severable or joint, was submitted to the jury. The one point presented for our consideration by the appellant is that his motion for a directed verdict ought to have been sustained.
The evidence was, in substance, that the purchase in question…
2Cited by1 opinion
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