Landers & Son v. Boyd
Supreme Court of Iowa
Appeal to the Supreme Court: amount less than $100: questions OF LAW ONLY TO BE CERTIFIED. Appeal from Winneshieh Circuit Court. Action upon an account for merchandise sold and delivered. General denial and payment pleaded by defendants. Trial by jury, and judgment for defendants; plaintiffs appeal.
1Opinion of the Court
Seevers, Ch. J.
The amount involved being less than $100, certain questions have been certified upon which it is said to be desirable to have the opinion of the Supreme Court.
The first and second questions are as follows: “Does the evidence legally establish “an express contract of payment,” and “does the evidence legally establish a release of the defendant from payment.” Neither of these questions presents for determination a question of law, and it is only such a *759question that can be certified for the opinion of the court when the amount involved is less than $100. Code, § 3173.
The…
2Cited by1 opinion
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