94 Iowa 144 | Iowa | 1895
This case has once been before this-court. See 88 Iowa, 607,55 N. W. Rep. 587. The contract upon which plaintiff predicates its action is there set out, and need not be repeated here. After the case was remanded to the district court, the defendant reformed his answer, and pleaded that plaintiff, through one Charles Armfield, who was then acting for George Arm-field, the agent of the plaintiff, waived notice of the failure of the machine to work well after one day’s trial, and verbally agreed to come back in a few days after full trial of the machine had been made, and to make the machine work well, and that, relying upon this
For the errors above pointed out, the judgment of the district court is reversed.