Fox v. Stockton Combined Harvester & Agricultural Works

Sharpstein, J. — The plaintiffs allege that they are farmers, and jointly interested in the cultivation of land in Stanislaus County; that the defendant, a corporation, in March, 1884, by and through its duly appointed and authorized officers, contracted and agreed with these plaintiffs to manufacture and deliver to them, on or about the-day of June, 1884, two twelve-foot Ship-pee combined harvesters, with Shippee and Grattan improvements, at the agreed price of three thousand six hundred dollars ($3,600), and then and there warranted, covenanted, and guaranteed that each of said harvesters [274]should do and perforin good and satisfactory work in the harvesting, cutting, and saving of grain, and that each of said harvesters should give good satisfaction in the doing and performing of the work for which they had been manufactured, to wit, the harvesting, cutting, and saving of grain in the harvest-fields; that relying upon and in consideration of said representations, covenants, agreements, warranties, and guaranties as aforesaid, made by and on behalf of said defendants to these plaintiffs, said plaintiffs did agree to take, receive, and accept said harvesters with said improvements, and pay therefor the aforesaid sum of three thousand six hundred dollars ($3,600); that on or about the-day of June, 1884, said defendant did deliver, in pursuance of said contract, two twelve-foot Shippee combined harvesters, with Shippee and Grattan improvements, and these plaintiffs received the same, and thereupon paid to the defendant the aforesaid sum of three thousand six hundred dollars ($3,600); that the plaintiffs took said harvesters to their grain-fields, and with all proper precautions, aids, and management undertook to work with said harvesters, but they failed to do any work of any value whatever in harvesting, cutting, or saving grain; and that after ascertaining that said machines would not do the work which they were guaranteed by defendant to do, the plaintiffs returned them to the defendant, and demanded of defendant the sum paid for them, and the further sum of three thousand dollars damages, sustained by plaintiffs by reason of the promises aforesaid.

The answer of the defendant admits that it represented to plaintiffs that said machines were of great value in the harvesting of grain; denies that in March, 1884, it contracted to manufacture and deliver to plaintiffs two twelve-foot Shippee combined harvesters and Grattan improvements, as alleged in the complaint. Other allegations are denied, which it is unnecessary to enumerate, as the decision of the cause must turn upon the