108 Iowa 610 | Iowa | 1899
In November, 1893, the plaintiff purchased of the defendant a traction engine, for which he gave his three promissory notes, for the aggregate sum of six hundred dollars, and to secure their payment executed a chattel mortgage on the engine, two horses, three Esterly binders, and some other property. The notes not having been paid, the property specified was taken and sold, pursuant to the terms of the mortgage. The plaintiff contends that the defendant verbally warranted that the engine was in first-class order when sold, and that, if it was- not, he would put it in that condition, and would deliver it to the plaintiff at Erankville, in good order, and make it do good work; that the engine was not delivered in good order, as warranted, nor put in good order, and was not made to do good work; and that, in consequence of such failure, the
Other questions are discussed, some of which are disposed of by what we have already said, and others are not likely to arise on another trial. It is sufficient to say that the only error shown by the record and discussed in argument is the one to which we have referred. For that the judgment of the district court is REVERSED.