65 Iowa 646 | Iowa | 1885
I. The ease is triable anew in this court. An examination of the evidence shows that it took a very wide range. The fact is well established that the defendant was proprietor of a patent-right, which consisted of a contrivance designed to be used to attach a walking plow to a sulky
II. It is insisted that the representations made by defendant were mere words of commendation or expressions of opinion as to the quality of his contrivance. In answer to this, we think it is enough to say that the evidence satisfies us that the defendant induced the plaintiff to enter into the contract by sucli false representations as the law regards as sufficient to avoid a contract, and that his representations were of such a positive character as to amount to a warranty.
III. It is insisted that a motion made by the defendant to exclude certain depositions should have been sustained. This motion was based upon the ground that said depositions were taken by the plaintiff after-the time fixed by an agreement of the parties within which the taking of testimony should be closed. There was no error in this ruling, because the record shows that the court gave the defendant ample time to take additional evidence after the 'motion was disposed of, and before the trial.
IY. We will not review the testimony of the witnesses. It is not our practice to do so. The evidence in this case establishes about the following state of facts: The patent-right in question was a worthless contrivance, by the sale of which the defendant succeeded in deceiving and defrauding the
Aepirmed.