Inman Manufacturing Co. v. American Cereal Co.
Supreme Court of Iowa
Appeal from Linn District Court.— Hon. J. H. Preston, Judge. Action to recover the purchase price for machinery erected by the plaintiff firm on the premises of the defendant company under a written contract. The defense was that the machinery was not in accordance with the requirement of the contract, that it should be. satisfactory to the defendant; and there were counterclaims which need not be considered for the purposes of this opinion.
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Appeal from Linn District Court.— Hon. J. H. Preston, Judge. Action to recover the purchase price for machinery erected by the plaintiff firm on the premises of the defendant company under a written contract. The defense was that the machinery was not in accordance with the requirement of the contract, that it should be. satisfactory to the defendant; and there were counterclaims which need not be considered for the purposes of this opinion. The facts with-reference to the contract and the efforts of the plaintiff to ■comply with it appear from the report of the case on a former appeal (124…
1Opinion of the Court
McClain, J".—
After the reversal in this court of the judgment for plaintiff on the former trial, plaintiff amended his petition by alleging that, at the time the original contract was made, plaintiff'was informed by defendant, that, if the machinery referred to in said contract would do the amount of work specified and in the manner therein set forth, it would be satisfactory to defendant, and that defendant well knew it to be the understanding of plaintiff that plaintiff was only required by said contract to furnish machinery which should do the amount and quality of work therein required.
i.…
2Cases cited22 opinions
- Hoffman v. Ætna Fire InsuranceNew York Court of Appeals · 1865
- White v. . HoytNew York Court of Appeals · 1878
- Railroad Co. v. TrimbleSupreme Court of the United States · 1870
- Kendrick v. Mutual Benefit Life InsuranceSupreme Court of North Carolina · 1899
- Field v. Eastern Building & Loan Ass'nSupreme Court of Iowa · 1902
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- Brown v. Homestake Exploration Co.Montana Supreme Court · 1934
- Kadner v. ShieldsCalifornia Court of Appeal · 1971
- Ard Dr. Pepper Bottling Co. v. Dr. Pepper Co.Court of Appeals for the Fifth Circuit · 1953
- Comptograph Co. v. Burroughs Adding Machine Co.Supreme Court of Iowa · 1916
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