102 Iowa 311 | Iowa | 1897
III. An engine was purchased at the agreed price of three hundred and seventyrfive dollars, and after-wards a larger one ordered. The defendant claims the last one was not to exceed in cost the sum of fifty dollars more than that first bought, while the plaintiff says he was to receive the market price. The evidence is conflicting, but we think the circumstauces sustain the contention of the defendant. It is insisted the engine was guaranteed to do the work for which it was purchased, and failed to do so. This need not be considered, as the damages occasioned by such failure have not been proven. Threshing Machine Co. v. Haven, 65 Iowa, 359 (21 N. W. Rep. 677).
IY. There are other items set out in the petition for which recovery is claimed, but no evidence was introduced tending to show that its articles were ever sold or delivered to the defendant. The contract price for the plant was four thousand, five hundred and sixty-five dollars, and the price allowed for the engine four hundred and twenty-five dollars. From these must be deducted the two thousand five hundred dollars paid, and the sixty dollar reduction on the tank, leaving the sum of two thousand four hundred and thirty dollars owing plaintiff, with interest at six per cent, per annum from February 23, 1893. What has been said indicates that the costs on the counter-claim were properly taxed to the defendant by the district court. The costs in this court will be taxed to the plaintiff, — Modified and affirmed,