Supreme Court of Iowa October 25, 1878 (Clarke v. McGetchie)

Adams, J.

1. co^teact: rescission: warranty. The question is as to whether Dumphy’s action should be considered as brought to recover as upon a rescission of the sale, or merely for damages for breach of warranty. The court below thought that Dumphy’s action was brought upon the theory that the sale had been rescinded, and such we think is the correct view.