Cannon v. Folsom
Supreme Court of Iowa
Appeal from the Scott District Court. This was an action on the following contract: Memorandum of agreement made and entered into this 12th day of August, 1854, between W. H. C. Eolsom, of Minnesota, of one part, and J. M. Cannon, of Davenport, Iowa, of the other part.
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Appeal from the Scott District Court. This was an action on the following contract: Memorandum of agreement made and entered into this 12th day of August, 1854, between W. H. C. Eolsom, of Minnesota, of one part, and J. M. Cannon, of Davenport, Iowa, of the other part. The said W. H. C. Eolsom agrees to deliver to the said J. M. Cannon, in the river opposite his mill at Davenport, or at Le Claire, on or before the 10th of September next, eight hundred and forty-three thousand and three hundred and twenty-three feet of pine logs at the St. Croix scale, now in the Mississippi River, on their…
1Opinion of the CourtIsbelU, J.
There is some difficulty in clearly understanding what was intended by the defendant in his demurrer, by “ by special damage,” as well as in the ruling of the court, where the same phrase is used. This may mean the damages specially counted upon by plaintiff; or it may mean those damages claimed after the words, “ the following special damages,” used in the declaration. Erom the whole case, we conclude that the latter was intended by the demurrer and ruling. Assuming this to be the matter demurred to, the following are the damages claimed, which were excluded by the sustaining of the…
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