Carey v. Gunnison
Supreme Court of Iowa
Appeal from Fremont District Court. This action was brought to recover for damages alleged to have been sustained by reason of a breach of a contract entered into between the plaintiff and the defendant, whereby the latter purchased of the former his interest in a stock of goods. There was a trial to a jury, and verdict and judgment were rendered for the defendant. The plaintiff appeals.
1Opinion of the CourtAdams, J.
fense-mis-le" subject-matequrtabie11 issue. I. The plaintiff, as a member of the firm of Carey & Warren, was at one time in trade as a hardware merchant in Shenandoah, Iowa. In 1877 he sold, as supposed, his interest in the stock to the defendant, Gunnison, who became a partner with Warren. The plaintiff agreed to pay of the indebtedness of Carey & Warren the sum of $10,000, and Warren & Gunnison agreed to pay the remainder. The agreement was reduced to writing. The plaintiff has paid indebtedness in excess of $10,000, and which he avers Gunnison should have paid, but failed to pay. This…
2Cited by12 opinions
- McConnell v. Iowa Mutual Aid Ass'nSupreme Court of Iowa · 1889
- Lynch v. SchemmelSupreme Court of Iowa · 1916
- Boyce v. AllenSupreme Court of Iowa · 1898
- Burlington Lumber Co. v. Evans Lumber Co.Supreme Court of Iowa · 1896
- Poole v. PooleSupreme Court of Iowa · 1936
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