Revolving Scraper Co. v. Tuttle
Supreme Court of Iowa
Appeal from Buchanan District Court. Tiie plaintiff avers that it is the owner and holder of a certain written order and contract, which is in these words: “Revolving Scraper Co., Columbus, Ohio.
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Appeal from Buchanan District Court. Tiie plaintiff avers that it is the owner and holder of a certain written order and contract, which is in these words: “Revolving Scraper Co., Columbus, Ohio. “Tou will please ship to us on or before the first day of May, 1878, nine of your thirty inch steel bottom scrapers; direct to J. H. Merrill, Independence, Buchanan county, Iowa, for which the undersigned agree to pay you, or your order, $144, on or before May 1, 1879, with interest. This time is to be extended until the assessment can be made and taxes collected for 1879. “J. H. Merrill, ) Trustees…
1Opinion of the CourtAdams, J.
— The appellant contends that the contract shows upon its face that it is not his personal contract, but the. contract of Sumner township, of which he was trustee. It cannot be denied, however, that so far as the body of the instrument is concerned, the obligation created purports to be a personal one. The language is: “The undersigned agree to pay, etc.” The theory that the contract purports to be that of Sumner township rests upion the fact that ■ the defendant signed it as trustee of that township. Cases have often arisen where contracts, in the body of them, have purported to be personal…
2Cases cited4 opinions
- Barker v. Mechanic Fire InsuranceNew York Supreme Court · 1829
- Powers v. BriggsIllinois Supreme Court · 1875
- Lacy v. Dubuque Lumber Co.Supreme Court of Iowa · 1876
- Wells v. GrubbSupreme Court of Iowa · 1882
3Cited by5 opinions
- Consumers Twine & Machinery Co. v. Mount Pleasant Thermo Tank Co.Supreme Court of Iowa · 1923
- Day v. RamsdellSupreme Court of Iowa · 1892
- Western Wheeled Scraper Co. v. SticklemanSupreme Court of Iowa · 1904
- Willett v. YoungSupreme Court of Iowa · 1891
- London Guarantee & Accident Co. v. J. J. Newman Lumber Co.Mississippi Supreme Court · 1917