Blaess v. Nichols & Shepard Co.
Supreme Court of Iowa
Appeal from Winneslvielc District Gourt. — IIon. A. N. Hob-son, Judge. Plaintiee purchased a certain band cutter and feeder from defendant under a warranty, giving his notes therefor. The notes were paid, — the first one, while plaintiff, under the directions of defendant’s agent, was operatingthemachine •and trying to make it do the work promised; the others, after they had been transferred to an innocent third party.
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Appeal from Winneslvielc District Gourt. — IIon. A. N. Hob-son, Judge. Plaintiee purchased a certain band cutter and feeder from defendant under a warranty, giving his notes therefor. The notes were paid, — the first one, while plaintiff, under the directions of defendant’s agent, was operatingthemachine •and trying to make it do the work promised; the others, after they had been transferred to an innocent third party. This action is to recover damages for the breach of such warranty. Defendant introduced no evidence, and the court instructed the jury to return a verdict in plaintiff’s favor,…
1Opinion of the CourtWaterman, J.
1 *3752 *374Appellant urges three grounds for a reversal, which we shall take up in. the order presented. The contract of sale and warranty was in writing. It was entered into on defendant’s part by one Bradley as agent. This contract provided that, in case the machine failed to work, notice in writing of such failure should be given defendant within five days after the starting of the machine, and that longer use was conclusive evidence *375of the fulfillment of the warranty. There was also a clause in the contract barring any right of action after the expiration of the year in which the machine was…
2Cases cited4 opinions
- Peterson v. Walter A. Wood Mowing & Reaping Machine Co.Supreme Court of Iowa · 1896
- McCormick Harvesting Machine Co. v. BrowerSupreme Court of Iowa · 1893
- D. M. Osborne & Co. v. BackerSupreme Court of Iowa · 1890
- Maxwell v. GravesSupreme Court of Iowa · 1882
3Cited by5 opinions
- First National Bank v. DutcherSupreme Court of Iowa · 1905
- Siebring Manufacturing Co. v. Carlson Hybrid Corn Co.Supreme Court of Iowa · 1955
- Timken Carriage Co. v. C. S. Smith & Co.Supreme Court of Iowa · 1904
- Hallowell v. McLaughlin Bros.Supreme Court of Iowa · 1907
- Williams v. CassidySupreme Court of Iowa · 1946