Blackmore v. Fairbanks, Morse & Co.
Supreme Court of Iowa
Appeal from Butler District Court. — Hon. John C. • Shebwin, Judge. Action to recover damages alleged to have been sustained by reason of breach of warranty in the sale of machinery. There was a trial by jury, and a verdict and judgment for plaintiff. The defendant appeals.
1Opinion of the CourtRobinson, J.
The agreement under which the machinery in controversy was sold was in writing and in the form of an order. The portions material to a determination of the questions raised on this appeal are as follows:
“Messrs. Bairbanlcs, Morse & Co., Chicago
“Please furnish me at once the following named goods: * * * One twenty-five-horse power Standard Westinghouse engine; one thirty-horse power boiler, with fixtures complete, and machines as follows : One steam pump, with sufficient capacity to supply boiler and heater with water taken from the well; * * * one Stillwell heater and connections complete. *…
2Cases cited8 opinions
- Boothby v. ScalesWisconsin Supreme Court · 1871
- Merriam v. FieldWisconsin Supreme Court · 1869
- Wilcox, Gibbs & Co. v. OwensSupreme Court of Georgia · 1880
- Mast & Co. v. Pearce & CowanSupreme Court of Iowa · 1882
- King v. GottschalkSupreme Court of Iowa · 1866
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3Cited by36 opinions
- Davis Calyx Drill Co. v. MalloryCourt of Appeals for the Eighth Circuit · 1905
- Alpha Checkrower Co. v. David Bradley & Co.Supreme Court of Iowa · 1898
- John A. Roebling's Sons Co. v. Southern Power Co.Supreme Court of Georgia · 1914
- Loxtercamp v. Lininger Implement Co.Supreme Court of Iowa · 1910
- Dowagiac Manufacturing Co. v. MahonNorth Dakota Supreme Court · 1904
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