Hensen v. Beebe
Supreme Court of Iowa
Appeal from O’Brien District Oourt. — Hon. George W. Wakefield, Judge. Plaintiff's petition is in three counts: The first, to recover ninety dollars and thirty-five cents balance for goods sold and delivered; the second, to recover a balance of ten dollars on a contract for putting in waterworks, and six dollars for repairing the same; and the third, to recover one hundred and thirty dollars for a corn harvester sold and delivered.
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Appeal from O’Brien District Oourt. — Hon. George W. Wakefield, Judge. Plaintiff's petition is in three counts: The first, to recover ninety dollars and thirty-five cents balance for goods sold and delivered; the second, to recover a balance of ten dollars on a contract for putting in waterworks, and six dollars for repairing the same; and the third, to recover one hundred and thirty dollars for a corn harvester sold and delivered. The defendant answered, admitting seventy-one dollars and live cents of the first count. Answering the second, he admits that he and plaintiff contracted that…
1Opinion of the CourtGiven, J.
1 I. It is obvious from the evidence that the defects alleged did not render the works.valueless, and that they were such as might have been readily remedied at a moderate expense by ordinary efforts. In Beymer v. McBride, 31 Iowa, 118, it .is said: “It is a general principle of law in cases of a breach of specific contract that, if the injured party can protect himself from damage, he is bound to do so, if practicable, at a moderate expense, or by ordinary efforts; and he can charge the delinquent party for such expenses and efforts, and have such damages only, as could not be prevented by…
2Cases cited5 opinions
- Brown v. . FosterNew York Court of Appeals · 1888
- Simpson v. City of KeokukSupreme Court of Iowa · 1872
- Palmer v. BanfieldWisconsin Supreme Court · 1893
- Frey-Sheckler Co. v. Iowa Brick Co.Supreme Court of Iowa · 1898
- Sturman v. StoneSupreme Court of Iowa · 1870
3Cited by11 opinions
- White v. . SchweitzerNew York Court of Appeals · 1917
- Corbetta Construction Co. v. Lake County Public Building CommissionAppellate Court of Illinois · 1978
- Rice v. Friend Bros.Supreme Court of Iowa · 1917
- Advance-Rumely Thresher Co. v. WhartonSupreme Court of Iowa · 1930
- J. L. Owens Co. v. Leland Farmers Elevator Co.Supreme Court of Iowa · 1924
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