American Seedless Raisin Co. v. Joshua Hendy Iron Works

This is an action to recover damages for breach of warranty arising ont of the sale of a farm tractor. Defendant recovered judgment by nonsuit and the plaintiff appealed.

The tractor in question was manufactured by the defendant on the order of its inventor, Mr. Martin, but at the time of this sale to plaintiff was owned by defendant, and defendant corporation in consummating the sale availed itself of the services of the inventor in making such a successful demonstration of the merits of the tractor that the plaintiff purchased it and paid to the defendant the purchase price in the sum of $4,738.60. Though there were the not unusual representations touching the quality of workmanship and construction, the following constituted the only writing given by the defendant covering express warranties:

For comparison it may be noted that this in some of its features is not dissimilar to the written guarantee construed in the case of Moss v. Smith, 181 Cal. 519 [ 185 Pac. 385 ], which contains the following language: "To be free from defects in materials or workmanship for one year from the 13th day of October, 1914, and will replace such defective part or parts in the cm- absolutely…