6 Iowa 169 | Iowa | 1858
— From the facts found, as required under section 1793 of the Code, the case may bo stated briefly thus: The plaintiff, as the agent of one C., sold the machine to defendants, but their promise to pay was to plaintiff; a note for what was supposed to be the balance due, being made payable to him. In the sale, there was a mistake; plaintiff had for sale two classes of machines; one selling for $195, and the other for $315, which prices were shown by bills posted in plaintiff’s store, and to which defendants were referred at the time they'inquired for the price. They undertook to pay $195, tor a machine, and a bill of sale was executed, which, in its terms, described a machine of the higher value. They received one of the higher class ; and within a short time, were advised of the mistake, and plaintiff proposed to take back the machine. One of the defendants, (the other not being present), stated that their engagements to thresh were such, that they could, not return it, but that he would see his brother, (the other defendant), and make it right.
Judgment affirmed.