John Gund Brewing Co. v. Peterson
Supreme Court of Iowa
Appeal from Glay District Court.— Hon. A. D. Bailie, Judge. Action to recover the balance due on the purchase price of a car load of beer sold to defendant. Defendant pleaded the invalidity of the sale, and also a counterclaim for damages growing .out of certain false and fradulent representations made by plaintiff "through its agent in the sale of certain real estate.
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Appeal from Glay District Court.— Hon. A. D. Bailie, Judge. Action to recover the balance due on the purchase price of a car load of beer sold to defendant. Defendant pleaded the invalidity of the sale, and also a counterclaim for damages growing .out of certain false and fradulent representations made by plaintiff "through its agent in the sale of certain real estate. He also pleaded payment and settlement for the beer. -Plaintiff denied the allegations of the counterclaim, and on these issues the case went to a jury, resulting in a verdict and judgment for defendant. Plaintiff appeals.—
1Opinion of the CourtDeemer, J.
The issue of illegality of the sale of the beer was withdrawn from the consideration of the jury, and to that we shall give no further attention. The sole issues presented were that of settlement and the counterclaim tendered by defendant’s answer; and the alleged errors have reference to these two issues. It appears from the testimony that one Wagner was the owner of a piece of property in West Bend, upon which he was conducting a saloon under the so-called “ mulct law,” and that plaintiff held a mortgage upon this property to secure an indebtedness of $1,500. Wagner had allowed his property…
2Cases cited10 opinions
- Riley v. BellSupreme Court of Iowa · 1903
- Harrison v. LegoreSupreme Court of Iowa · 1899
- Weber v. WeberMichigan Supreme Court · 1882
- Bigler v. ToySupreme Court of Iowa · 1886
- Drain v. Doggett, Bassett & HillsSupreme Court of Iowa · 1875
5 more not listed; retrieve them via the Exa API.
3Cited by15 opinions
- Friedman v. City of Forest CitySupreme Court of Iowa · 1948
- Smith v. Packard & Co.Supreme Court of Iowa · 1911
- Gray v. SanbornSupreme Court of Iowa · 1916
- Tott v. DugganSupreme Court of Iowa · 1924
- Fritz v. Chicago Grain & Elevator Co.Supreme Court of Iowa · 1907
10 more not listed; retrieve them via the Exa API.