Hambell v. O'Neal
Supreme Court of Iowa
Appeal from Marshall Cwcuit Court. Action for failure to deliver brick on demand according to contract. Trial by the court, judgment for plaintiff. Defendant appeals. The further facts of the case appear in the opinion.
1Opinion of the Court
Miller, Oh. J.
It is stated in the petition that on the 6 th day of December, 1871, the defendant made and delivered to the plaintiff his contract, as follows:
“ Marshalltown, Iowa, Dec. 6th, 1872.
On or before the 1st day of July, A. D. 1872, for value received, I promise to pay J. W. Hambell, or bearer, sixty thousand -merchantable brick, at my kiln west of Marshall-town. I agree, if not paid when due and action is brought hereon, I will pay reasonable attorney’s fees for collection, and with ten per cent, interest from date if not paid when due.
(Signed,) John O’Neal.”
It is alleged that, on…
2Cited by3 opinions
- Shipley v. ReasonerSupreme Court of Iowa · 1893
- Bigelow v. WilliamsSupreme Court of Iowa · 1972
- Iowa County v. HustonSupreme Court of Iowa · 1876