Neola Elevator Co. v. Kruckman
Supreme Court of Iowa
Appeal from Calhoun District Court. — E. G. Albert, Judge. An action for damages on account of tlie alleged failure to deliver 2,100 bushels of corn, purchased by plaintiff of defendant. There was judgment on a verdict for plaintiff. Defendant appeals.
1Opinion of the CourtStevens, J.
Plaintiff alleges in i'ts petition that, on February 13, 1917, a written contract was entered into by it with defendant for the purchase of 2,100 bushels of No. 3 yellow corn at the agreed price of 91 cents per bushel, to be delivered at its elevator at Adaza, Iowa, before March 13, 1917; that the contract provided that, “if corn is not delivered within the time specified, contract will be considered open until Neola Elevator Company notifies seller in writing that same is canceled. Seller agrees not to refuse to deliver on this contract in case it is impossible (on account of car shortage,…
2Cases cited5 opinions
- Emerson v. Pacific Coast & Norway Packing Co.Supreme Court of Minnesota · 1905
- James Maccalum Printing Co. v. Graphite Compendius Co.Missouri Court of Appeals · 1910
- Hoagland v. MurraySupreme Court of Colorado · 1912
- Brown v. SharkeySupreme Court of Iowa · 1894
- Cox v. Carrell & Co.Supreme Court of Iowa · 1858
3Cited by8 opinions
- Lewis v. Minnesota Mutual Life InsuranceSupreme Court of Iowa · 1949
- Christian Mills, Inc. v. Berthold Stern Flour Co.Appellate Court of Illinois · 1927
- Griffey v. LubbenSupreme Court of Iowa · 1923
- Standard Oil Co. v. VelandSupreme Court of Iowa · 1929
- Bemis Bros. Bag Co. v. NesbittSupreme Court of Minnesota · 1931
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