Dowagaic Manuf'g Co. v. Gibson

Decision Date17 December 1887
Citation73 Iowa 525,35 N.W. 603
PartiesDOWAGAIC MANUF'G CO. v. GIBSON.
CourtIowa Supreme Court

OPINION TEXT STARTS HERE

Appeal from district court, Wright county.

Action against G. C. Gibson on a promissory note. There was a judgment upon a verdict for a small part of the amount claimed by plaintiff. He appeals.R. H. Whipple, for appellant.

Williams & Baker, for appellee.

BECK, J.

1. The defendant, in his answer, admits the execution of the note, but, as a defense, sets up a failure of consideration, alleging that the note was given to plaintiff for the purchase price of two harrows and one seeder, and that one of the harrows was never delivered to him. He further sets up a counter-claim in the following language: “That the defendant was induced to purchase said machinery through the false and fraudulent representations of the plaintiff's agent, made prior to the execution of the note, to the effect that said machinery was well adapted to the use for which it was intended; that the said articles are ready sale and well worth the price agreed to be paid, etc.; that, in fact, all the said representations were false and fraudulent, and that said machinery was not adapted to the uses represented; that it was of no value and unsalable; that the defendant is an agricultural implement dealer, but did not know whether the representations were true or false, but, relying upon said representations, he purchased the goods in question, and that, on account of the worthlessness of said goods, and the false representations of plaintiff, he has been damaged in the sum of one hundred and fifty dollars, for which he asks judgment.” The plaintiff claimed to recover the amount of the face of the note, $95.55, with interest. The verdict and judgment were for plaintiff in the sum of $10.

2. The defendant was permitted, against plaintiff's objection, to introduce evidence showing representations as to the character, quality, and value of the implements for which the note was given, made by plaintiff or its agent before the written contract of sale was made, and before the note was executed. It is insisted that the evidence was erroneously admitted, for the reason that it tends to establish, by parol, a warranty, when the contract was in writing, and could not, in that way, be varied, changed, or extended. But the evidence does not tend to establish a warranty, and was doubtless not introduced and admitted for that purpose. It was, however, competent to show fraud and misrepresentations, which defendan...

To continue reading

Request your trial
2 cases
  • Stevens v. Stanley
    • United States
    • Mississippi Supreme Court
    • June 10, 1929
    ... ... Barrie v. Miller, 104 Ga. 312, 69 A. S. R. 171, 32 ... S.E. 840; Dowagiac Mfg. Co. v. Gibson, 73 Iowa 525, ... 4 A. S. R. 697, 35 N.W. 603; Arnhold v. National Analine & ... Chemical Co., 56 ... ...
  • Dowagiac Mfg. Co. v. Gibson
    • United States
    • Iowa Supreme Court
    • December 17, 1887

VLEX uses login cookies to provide you with a better browsing experience. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. ACCEPT