Mills, Horner & Co. v. Mabon
Supreme Court of Iowa
Appeal from Marion District Court. The plaintiffs seek to recover damages for the breach of a contract by the terms of which, defendant undertook to furnish certain materials and do certain work in and about a grist mill. It seems that plaintiffs were, at the time, the owners of a steam saw mill, and proposed to erect a flouring mill to be run by the same person.
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Appeal from Marion District Court. The plaintiffs seek to recover damages for the breach of a contract by the terms of which, defendant undertook to furnish certain materials and do certain work in and about a grist mill. It seems that plaintiffs were, at the time, the owners of a steam saw mill, and proposed to erect a flouring mill to be run by the same person. As far as material to be shown, the undertaking was as follows: Defendant was to furnish all the machinery, bolts, bolting cloths, &c., for a flouring mill, to be attached to said saw mill, and also a competent and skillful…
1Opinion of the CourtWright, C. J.
The plaintiffs, upon the examination in chief, asked a witness, “whether the husk was improperly-constructed, with reference to running two run of burrs, and if so, wherein and how?” This question was objected to, and the decision overruling the objection is now assigned for error. The ground of the objection was not stated in the court below. It is now urged that the interrogatory is leading and suggestive. We are clearly of the opinion that the objection is not well taken. But if so, it should have been urged on the trial. It goes to the form and not to the substance of the inquiry. If…
2Cases cited1 opinion
- Adams v. FoleySupreme Court of Iowa · 1856
3Cited by2 opinions
- Rollins v. Shaver Wagon & Carriage Co.Supreme Court of Iowa · 1890
- Hook v. MowreSupreme Court of Iowa · 1864