Bucy v. Pitts Agricultural Works
Supreme Court of Iowa
Appeal from Hardin District Court. — Hon. S. M. Weaver, Judge. The following is a sufficient statement of the pleadings for an understanding of the questions presented: The plaintiffs brought this action to recover damages for the breach of an implied warranty in the sale to them of a threshing machine. The implied warranty relied upon was that the machine was suitable for the purpose for which it was purchased, namely, for threshing grain.
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Appeal from Hardin District Court. — Hon. S. M. Weaver, Judge. The following is a sufficient statement of the pleadings for an understanding of the questions presented: The plaintiffs brought this action to recover damages for the breach of an implied warranty in the sale to them of a threshing machine. The implied warranty relied upon was that the machine was suitable for the purpose for which it was purchased, namely, for threshing grain. The breach alleged is that the machine was defective and unfit for use, in that the cylinder boxes would heat, and the machine carried over grain with the…
1Opinion of the CourtGiven, J.
On the trial the appellant introduced in evidence, without objection, an order to the appellant upon a printed blank, filled up in writing, for a threshing machine, and purporting to be signed by the appellees. There was evidence tending to show that the appellees had signed the order. They testified that they did not remember of doing so. Said order contains the following: “The Pitts Agricultural Works warrant said machine to be of good materials, and to be well made; to do good work in threshing and cleaning grain, if properly managed. The condition of warranty is that notice of any defect…
2Cases cited1 opinion
- Blackmore v. Fairbanks, Morse & Co.Supreme Court of Iowa · 1890
3Cited by23 opinions
- J. I. Case Threshing MacHine Co. v. E. B. Hall & Keating Implement Co.Court of Appeals of Texas · 1903
- 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
- Ideal Heating Co. v. KramerSupreme Court of Iowa · 1905
- Rasmus v. AO Smith CorporationDistrict Court, N.D. Iowa · 1958
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