Eastern Granite Co. v. Heim
Supreme Court of Iowa
Appeal from Ceclar Rapids Superior Court. — Hon. John T. Stoneman, Judge. Action at law to recover upon a written contract for the erection of a monument in a cemetery. There was a trial by jury, and a verdict and judgment for the plaintiff. The defendants appeal.
1Opinion of the CourtRothrock, J.
i venue- conntralus toc-be" performed. I. The petition was in three counts. In the first count recovery was demanded for amount due on the written contract; the second count was upon the same cause 0£ p,ut demanded judgment for the sum named in ■ the contract, as “the reasonable price and value of the monument;77 and the third count was on the same cause of action, and judgment was asked therein for damages for the alleged breach of the contract. The written contract, upon which this suit was brought, was in these words:
“Eastern Granite Company, Dealers in Foreign and American Granite.…
2Cases cited1 opinion
- Moline Scale Co. v. BeedSupreme Court of Iowa · 1879
3Cited by1 opinion
- Prior v. SchmeiserSupreme Court of Iowa · 1896