Clark v. Sammons & Van Pelt
Supreme Court of Iowa
Appeal from, Dubuque Qity Court. relied upon Taylor v. W. &¡ A. Chandler, 1 Iowa 124. cited 2 Pars. Cont. 235, note n; 4 Watts 183; Harvey v. Bichareis, 2 Gall. 216; Gardner v. Bueldey, 3 Cow. 120; Bonchaud v. Bias, 3 Denio 228; Grant v. Bamsey, 7 Ohio S. R. 157.
1Opinion of the CourtBaldwin, J.
It appears, from the pleadings, that the plaintiff sold to defendants 8000 apple-trees, for which he received one hundred and fifty dollars cash, and two notes executed by defendants, payable in one and two years ; one for the sum of $350, the other for the sum of $400. The present suit is upon the $350 note.
The defendants, in their answer, claim that the trees sold to them were by plaintiff warranted good and sound, and true to name; that they all proved to be worthless, and that there was an entire failure of the consideration for which the note sued on was given. The defendants claim, by…
2Cases cited1 opinion
- Taylor v. W. & A. ChambersSupreme Court of Iowa · 1855
3Cited by9 opinions
- Brown v. First Nat. BankCourt of Appeals for the Eighth Circuit · 1904
- Kilander v. HooverIndiana Supreme Court · 1887
- Felton v. SmithIndiana Supreme Court · 1882
- Fairfield v. McNanySupreme Court of Iowa · 1873
- Fessenden v. BarrettU.S. Circuit Court for the District of New Hampshire · 1891
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