Meickley v. Parsons
Supreme Court of Iowa
Appeal from, Welster Circuit Court. Action upon a promissory note. The defendants admitted the execution of the note, and filed a counter-claim, in which they averred that the note was given for a kiln of brick sold to one of them with a warranty; that the warranty had been broken; and that the damages sustained exceeded the amount of the note. There was a trial to a jury, and verdict and judgment were rendered for the plaintiff. The defendants appeal.
1Opinion of the CourtAdams, J.
There was evidence tending to show that the plaintiff expressly warranted the brick “ to be good brick and all right;” that they in fact were not all good; that there were in the kiln between 45,000 and 50,000 brick, and that about 10,000 were worthless; that the purchaser saw the exterior of the kiln, and that the brick upon the outside appeared to be good, but upon the removal of a portion of them there was revealed what the witnesses call a “ cold spot,” where the brick had been imperfectly burned; that the “cold spot,” or defective part of the kiln, could have been discovered by the…
2Cited by7 opinions
- Miller & Co. v. Moore, Sims & Co.Supreme Court of Georgia · 1889
- Seale v. SchultzCourt of Appeals of Texas · 1927
- Knight v. ClinkscalesSupreme Court of Oklahoma · 1915
- Vaupel v. LamplyIndiana Supreme Court · 1914
- Johnston v. LanterSupreme Court of Kansas · 1916
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