Mast & Co. v. Pearce & Cowan
Supreme Court of Iowa
Appeal from Hardin Circuit Court. Action upon two promissory notes. The defendants answered admitting the execution of the notes, and denied any indebtedness thereon, because the said notes were given for certain “Buckeye Cultivators” sold by plaintiff to defendants under a waranty, and that, by reason of a breach of said waranty, defendants wrere damaged in a sum larger than the amount of said notes* There was a motion to make the answer more specific which motion was…
Read the full summary
Appeal from Hardin Circuit Court. Action upon two promissory notes. The defendants answered admitting the execution of the notes, and denied any indebtedness thereon, because the said notes were given for certain “Buckeye Cultivators” sold by plaintiff to defendants under a waranty, and that, by reason of a breach of said waranty, defendants wrere damaged in a sum larger than the amount of said notes* There was a motion to make the answer more specific which motion was sustained. Thereupon the answer was amended. There was a demurrer to the amended answer which was sustained. The defendants…
1Opinion of the CourtBothbock, J.
The written contract of sale is complete in itself. It, in substance, recites a sale of the cultivators at certain prices, and to be paid for in a certain manner. It is signed by both parties, and, to be fully understood, does not require the aid of extrinsic evidence. It contains no warranty of any kind as to the quality of the cultivators. The principal question discussed by counsel is, whether or not, where there is a written contract of sale complete in itself, it is competent for the purchaser of the property, by allegation and proof, to show that there was a parol warranty of the…
2Cited by18 opinions
- Seitz v. Brewers' Refrigerating MacHine Co.Supreme Court of the United States · 1891
- Blackmore v. Fairbanks, Morse & Co.Supreme Court of Iowa · 1890
- Union Selling Co. v. JonesCourt of Appeals for the Eighth Circuit · 1904
- Lower v. HickmanSupreme Court of Arkansas · 1906
- Saville v. ChalmersSupreme Court of Iowa · 1888
13 more not listed; retrieve them via the Exa API.