73 Iowa 260 | Iowa | 1887
I. The action is founded upon a written contract for the purchase of the binder. This contract is in the form of an order purporting to be signed by the defendant, and directed to the plaintiffs at Whitewater, Wisconsin. The contract contains the following, among other provisions: “ This machine is hereby purchased and sold subject to the terms and conditions of the following warranty and agreement: This machine is well made, of good material, and with proper management is capable of doing first-class work. The purchaser agrees to see that the machine is properly operated. The purchaser shall have one day to give it a fair trial, and, if it should not work well, he is to give written notice, stating wherein it fails, to the agent from whom it was received, and also to W. G. Leffingwell, general agent, at Kansas City, Missouri, and allow reasonable time to get to it, and remedy the defects, if any;, the purchaser rendering necessary and friendly assistance, furnishing a suitable team; when, if it cannot be made to do good work, he shall return it to the place where received, free of charge, in as good condition as when received, except the natural wear, and a new machine will be given in its place, or the note and money will be refunded. Continued possession of the machine, or failure to give notice as above, shall be conclusive evidence that the machine fulfills the warranty. And no one has any authority to change this warranty in any manner.”
The defendant averred, in substance, that his signature to the order for the machine was procured by the fraud of the agent for the plaintiffs; that said agent concealed important parts of said contract from the defendant, and procured his signature to the same by concealing its real provisions. The real issue presented to the jury, and upon which the right of recovery depended, was whether the written contract was void for fraud. And as the question is made in behalf of
Affirmed.