120 Iowa 181 | Iowa | 1903
The order upon which this action is based provided for the delivery of a machine to the defendant at Coon JRapids, consigned to the care of “Jones.” Upon its delivery to the defendant, he was to settle therefor by note due January 1, 1901. The order contained the usual warranty, and provided for one day’s trial of the machine, with a stipulation, also, that if it did not work well immediate notice should be given the plaintiff or its agent, and “allow time to send a person to put it in order,” and if not then made to work well it was to be “returned at once to the agent of whom he received it.” The binder was shipped to one Jones at Coon Eapids, and received of him by the defendant.
The defendant offered evidence tending to show that said Jones had been handling the plaintiff’s machines and extras for several years, and that others had bought
There was testimony that the defendant sent word to Jones, by one of the latter's sons, that the binder did not work well, an~ that the next day another son and a man
A notice to him, then, was sufficient; and if, in response thereto, his son and an expert appeared upon the scene and undertook to put it in good running order, it
The plaintiff was entitled to a reasonable time in which to get to the machine and to make it work, and it is ordinarily a question for the jury whether such time has been given or not. There is nothing before us to show that the plaintiff did not have all the time it wanted for that purpose.
The court erred in striking out the testimony to which we have referred, and erred further in directing a verdict for the plaintiff. The judgment is Reveeseb.