Brown v. Sharkey
Supreme Court of Iowa
Appeal from Calhoun District Court.- — Hon. GS-. W. Paine, Judge. Action at law to recover damages for failure to deliver one thousand one hundred and fifty bushels of oats according to contract. Trial to a jury. Verdict and judgment for plaintiff, and defendants appeal.—
1Opinion of the CourtDeemer, J.
Tbe contract which is the foundation of the suit reads as follows:
“Lohrville, Iowa, July 11, 1890. This is evidence that I have this day sold to H. S. Brown, to be delivered in Lohrville, Iowa, 1890, 2,000 bushels of good, sound, merchantable white oats, for which I am to. receive 19 cents per bushel on delivery at Lohrville. I hereby acknowledge tl^e receipt of f 10, delivered in August, 1890. Void if crops fail.
“Johít Ross.
“His Mark (X) David Shaekey.
“Delivered on above contract, 850 bushels on 20th.”
The plaintiff alleged that defendant failed and refused to deliver one thousand one hundred…
2Cases cited1 opinion
- Fear v. JonesSupreme Court of Iowa · 1858
3Cited by13 opinions
- R. J. Menz Lumber Co. v. E. J. McNeeley & Co.Washington Supreme Court · 1910
- Green Bay Lumber Co. v. Independent School DistrictSupreme Court of Iowa · 1903
- Turnis v. BallouSupreme Court of Iowa · 1925
- Smith v. BloomSupreme Court of Iowa · 1913
- Neola Elevator Co. v. KruckmanSupreme Court of Iowa · 1919
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