Risser v. Cox
Supreme Court of Iowa
Appeal from Polio District Court. — Hubert Utterback, Judge. This is a suit in equity, to recover judgment upon and to foreclose a chattel mortgage note given for the purchase price of and upon a piano.
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Appeal from Polio District Court. — Hubert Utterback, Judge. This is a suit in equity, to recover judgment upon and to foreclose a chattel mortgage note given for the purchase price of and upon a piano. The defendant filed a cross-bill, alleging false representations made by the plaintiff to induce the sale, and relied upon by the defendant; also alleging the breach of an express warranty made by the plaintiff, and the breach of an implied warranty; and praying that plaintiff’s petition be dismissed, with judgment against the plaintiff for costs, and the cancellation and surrender of the…
1Opinion of the CourtPreston, J.
The issues in the case are:
1. Whether the plaintiff represented to the defendant that the piano was a new, high-grade piano, perfect in every particular, as an inducement to the sale, and whether said *991representations were relied upon by the defendant, and whether they were false.
2. Whether the plaintiff warranted said piano by an express warranty that it was a new, high-grade piano, perfect in every particular, and whether said warranty was breached.
3. Whether there was an implied warranty that the piano was a new, high-grade piano, perfect in every particular, and whether said warranty was…
2Cases cited2 opinions
- Meickley v. ParsonsSupreme Court of Iowa · 1885
- Steele v. M. E. Andrews & SonsSupreme Court of Iowa · 1909
3Cited by3 opinions
- Dailey v. Holiday Distributing CorporationSupreme Court of Iowa · 1967
- Farmers State Bank v. CookSupreme Court of Iowa · 1960
- Bales v. MasseySupreme Court of Iowa · 1950