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material and durable if used with proper care. If upon one days trial with proper care the engine fails to work well the purchaser Nike Max Air 90 shall immediately give written notice to In. ternational Harvester Company of America at Chicago Illinois and to the agent from whom it was purchased stating wherein the engine tails shall allow a reasonable time for a competent man to be sent to put it in good order and render necessary and friendly assistance to operate it. If the engine cannot be made to work well the purchaser shall immediately return it to said agent and the price paid shall be refunded which shall constitute a settlement in full of Nike Shop the transaction.Use of the engine after three days or failure to give written notice to said company and its agent or failure to return the engine as above specified shall operate as an acceptance of it and fulfillment of this warranty. No agent has power to change the contract of warranty in any respect and the within order can be canceled only in writing from said companys Chicago office.This express warranty excludes all implied warranties and said company shall in no event be liable for breach of warranty in an amount exceeding the purchase price Polo Outlet Online of the engine. If within ninety days time any Nike Argentina part proves defective a new part will be furnished on receipt of part showing defectThe record shows that the respondent delivered said machinery to appellant on the th day Ralph Lauren Outlet Online of April and that appellant commenced using the same on the next day and from thence until about the th of September following used the same on numerous occasions; that during said time he plowed at leastacres cutacres of crop The North Face Outlet Store and did Polo Ralph Lauren Outlet road work with the same; that about May th some wheels in the transmission of said engine broke and the agent of respondent at Watertown was notified and furnished new transmission; that frequently between May th and September th agents and experts of respondent sought to remedy Nike Free the working of said engine but that the same did not work satisfactorily; that defendant never at any time notified the respondent : at Chicago that said engine failed to work well; that the only persons appellant notified were the agents and experts of respondent at Watertown; that the agents and experts of respondent continued in their endeavors to make said engine work well up until the th day of September. On about the th day of October following appellant offered to return said machinery to the agent of respondent from whom he received It but the return was not accepted. The trial court among other things found that said machinery was not as warranted; that the general agent of respondent up to the th day of September waived the The North Face Outlet provisions of said contract of warranty as to written notice of defects by repeatedly sending experts to repair Nike Max Air said engine; that appellants return of said machinery and attempt to rescind said contract came too late; and that he Is estopped from rescinding said contract of sale and from returning or attempting to return North Face Outlet said machinery to defendant It Is urged that the evidence is insufficient to sustain these findings which are against appellant. We are of the view that North Face Outlet Store the evidence sustains the findings and that no other findings could have been made under the evidence. As this court has heretofore held such contracts are valid and binding on both parties. N. W. Thresher Co. v. MelhoffS. DN. W Where the purchaser has the machinery and the purchase price both In his hands the company that manufactured it having sold It on time has nothing to protect it but the fulfillment of the contract. Good faith requires that both parties substantially live up to and fulfill their agreements with relation Ralph Lauren Outlet to such contracts. This contract specifically provides that if the engine could not be made to work well the purchaser shall immediately return It to the agent from whom It was purchased and the Nike Free Run failure to so return the engine as above specified shall operate as an acceptance of it and fulfillment of said warranty. It is
