Robinson & Co. v. Berkey
Supreme Court of Iowa
Appeal from Johnson District Court. — Hon. M. J. Wade, Judge. On the fifth day of May, 1898, the defendant firm made a written order to the plaintiff company for a thresher, self-feeder, and band cutter, and a Perfection weigher, at the agreed price of eight hundred and twenty-five dollars, for which the plaintiff was to receive in exchange another thresher, stacker, weigher, and sieve'; the property so taken in exchange being valued at three hundred and seventy-five…
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Appeal from Johnson District Court. — Hon. M. J. Wade, Judge. On the fifth day of May, 1898, the defendant firm made a written order to the plaintiff company for a thresher, self-feeder, and band cutter, and a Perfection weigher, at the agreed price of eight hundred and twenty-five dollars, for which the plaintiff was to receive in exchange another thresher, stacker, weigher, and sieve'; the property so taken in exchange being valued at three hundred and seventy-five dollars. For the remaining four hundred and fifty dollars the defendant was to give two notes, each for two hundred and…
1Opinion of the CourtGranger, J.
1 *1412 B *139I. The following is a part of the contract of warranty in the first order: “Failure to settle for the machinery at the time and place of delivery * * * shall be a waiver of the warranty, and release the warrantor, without in any way affecting the liability of the purchaser for the price of the machinery or the notes given therefor.” Appellant claims that the • neglect of the defendants to deliver the old machinery, and their action in stopping the delivery of the notes to plaintiff, is a waiver of the warranty, and hence, that no advantage can be taken of it to defeat a recovery. It…
2Cases cited8 opinions
- Davis' Sons v. RobinsonSupreme Court of Iowa · 1885
- Lumbert & Co. v. PalmerSupreme Court of Iowa · 1870
- Peterson v. Walter A. Wood Mowing & Reaping Machine Co.Supreme Court of Iowa · 1896
- Davenport Gas Light & Coke Co. v. City of DavenportSupreme Court of Iowa · 1863
- D. M. Osborne & Co. v. BackerSupreme Court of Iowa · 1890
3 more not listed; retrieve them via the Exa API.
3Cited by27 opinions
- Heiman v. FelderSupreme Court of Iowa · 1916
- Ruthven Bros. v. American Fire InsuranceSupreme Court of Iowa · 1897
- Swanson v. AllenSupreme Court of Iowa · 1899
- Lambe v. McCormickSupreme Court of Iowa · 1902
- Martinelli v. PoleyCalifornia Supreme Court · 1930
22 more not listed; retrieve them via the Exa API.