164 Iowa 151 | Iowa | 1914
It is conceded that defendants gave the notes in suit for the purchase price of a steam plow, that the plow was sold to the defendants for use by them in Saskatchewan, Canada, and that such sale was accompanied by a written contract of warranty. It is the claim of the defendants that upon delivery and trial of the plow it failed to do good work, that on notice of that fact plaintiff sent to them its agents, who endeavored to adjust it and make it per
I. The point of the exceptions taken by appellant will be more readily understood by reference to the written warranty, which is in the following form:
The machinery furnished on this order is warranted to be made of good material, well constructed, and with proper use and management to do as good work as any other of the
Being denied the right so to do, it was still open to appellant to call the witness in rebuttal or prove the fact, so far as it was material, by any other witnesses after the defendants had rested.
Without further discussion of the ruling upon evidence,. we may say they are of the same general character as those which we have specially mentioned, and after full examination none of them appear to involve any reversible error.
II. Is the evidence sufficient to justify a finding that plaintiff waived a return of the plow ?
There is no reversible error in the record, and the judgment appealed from is Affirmed.