Tufts v. McClure Bros.
Supreme Court of Iowa
Appeal from Blaclehawlc Oirouit Court. ActioN to recover the value ($212.50) of a soda apparatus, etc., sold by plaintiff to defendants, pursuant to an order therefor by them. The petition avers the making of the order by defendants, the compliance therewith by plaintiff, and the failure of the defendants to pay.
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Appeal from Blaclehawlc Oirouit Court. ActioN to recover the value ($212.50) of a soda apparatus, etc., sold by plaintiff to defendants, pursuant to an order therefor by them. The petition avers the making of the order by defendants, the compliance therewith by plaintiff, and the failure of the defendants to pay. The answer admits making the order, denies plaintiff’s compliance therewith, and avers that it was agreed when the order was made, that the articles were not to be paid for until received by them in good order at Waterloo, and that they refused to receive them on account of their…
1Opinion of the CourtCole, J.
I. The order of defendants was solicited from them by an agent of plaintiffs, and was made upon a printed form, at the residence of the defendants, Waterloo, Iowa, April 27, 1872. The order was for an Alaska soda apparatus, specifying the size, left hand position, Italian marble, syrups, tumbler stands, etc., etc., and directing that it be sent by “ freight, soon as possible.’ The printed form concluded with: “ Grive exact diagram on separate sheet, indicating how the edges are to be finished, and where apparatus is to be placed.” Following the printed form with its blanks filled as above…
2Cited by7 opinions
- Easton v. SomervilleSupreme Court of Iowa · 1900
- Boyington v. SweeneyWisconsin Supreme Court · 1890
- Byer v. HealySupreme Court of Iowa · 1891
- Lord v. WoodSupreme Court of Iowa · 1903
- Bowser v. AtkinsonMissouri Court of Appeals · 1912
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