Jesperson v. Advance-Rumely Thresher Co.

In July, 1928, the plaintiff ordered from the defendant a Eumely No. 3 combine harvester with a two-foot extension, a flax sieve, a straw dump and a pick-up attachment, for which he agreed to pay in cash $1,383.57. The order was in writing and was accepted in writing by the defendant company at La Porte, Indiana, on July 17th. The contract contained stipulations with reference to warranties and rescission identical with those referred to in Bratberg v. Advance-Rumely Thresher Co. ante, 452, — A.L.R. —, 238 N. W. 552, decided at this term. On the arrival of the machinery on or about August 3,…