68 Iowa 94 | Iowa | 1885
I. The purchase price of the machine was $650. Of this amount $250 was paid in cash, and two notes were given for the remainder, — -one for $150, due November 1, 1883, and the other for $250, due November 1, 1884. The suit was brought on the last mentioned note. The other note had been sold and transferred to other parties, and the judgment for the defendant was for the amount of the cash payment, and the amount of the note which had been trans
“The machine ordered herein is purchased and sold subject to the following warranty and agreement: That it is well made, of good material, and, with proper management, is capable of doing first-class work; that the purchaser shall have three days to give it a fair trial, and, if it should not work well, Avritten notice stating wherein it fails is to be given to the agent from whom it is received, and to John S. Davis’ Sons, Davenport, Iowa, and reasonable time alloAved to get to it and remedy the defects, if any, (the purchaser rendering necessary and friendly assistance,) when, if it cannot be made to do good Avork, it shall be returned to the place Avhere received, and a new machine given in its place, or the notes and money Avill be refunded. Continued possession of the machine shall be evidence of satisfaction; it being understood and agreed that if purchaser does not make full settlement, Avith cash or approved notes, for the machine upon its delivery to him, he thereby waives all claims under this warranty. (No agent has authority to change the above waranty.) There is no verbal agreement or condition to this sale. “¥m. TI. Butrick.”
[seal.]
The plaintiff demurred to the answer. The demurrer Avas overruled, and a reply Avas filed. It is unnecessary to consider the question whether the demurrer was waived by filing the reply. The same question arose upon the trial in the charge of the court to the jury, and the conclusion Ave have reached in the case renders the question of practice an unimportant one.
The order required that the machine should be shipped from Davenport to T. J. Mead, who Avas the agent of the plaintiff. It appears that the shipment Avas made to Center
The only objection made by appellants to these instructions which we think demands consideration is that, they assume that the machine was left by defendant at Center Point, subject to the order of the plaintiffs, without condi