Electric Storage Battery Co. v. Waterloo, Cedar Falls & Northern Railway Co.
Supreme Court of Iowa
Appeal from Blackhawk District Court.— Hon. Franklin C. Platt, Judge. Action to recover the balance of tbe purchase price of certain storage batteries and electrical equipment, furnished by plaintiff to defendant at defendant’s instance and request, and to establish and foreclose a mechanic’s lien upon defendant’s property to the amount thereof. Defendant pleaded failure of consideration, and also a counterclaim for breach of warranty in the sale of the materials.
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Appeal from Blackhawk District Court.— Hon. Franklin C. Platt, Judge. Action to recover the balance of tbe purchase price of certain storage batteries and electrical equipment, furnished by plaintiff to defendant at defendant’s instance and request, and to establish and foreclose a mechanic’s lien upon defendant’s property to the amount thereof. Defendant pleaded failure of consideration, and also a counterclaim for breach of warranty in the sale of the materials. The case was tried to the court, resulting in a judgment and decree for plaintiff, and defendant appeals. — ■
1Opinion of the CourtDeemer, J.
The defendant owns and operates a system of electric street railways in the cities of Waterloo and Cedar Nalls, an' interurban line between said cities, and also an electric line to Denver Junction, in Bremer county. Defendant’s power house is located in Waterloo. It has a rotary transformer for its Denver line at the station of Glasgow. It had a storage battery in Cedar Nalls for several years prior to the time involved in this case. As the business of the defendant increased, 'it became necessary to increase its power in Cedar Nalls. It had secured the business of delivering coal to the…
2Cases cited11 opinions
- Seitz v. Brewers' Refrigerating MacHine Co.Supreme Court of the United States · 1891
- Thompson v. LibbySupreme Court of Minnesota · 1885
- Fawkner v. Lew Smith Wall Paper Co.Supreme Court of Iowa · 1893
- Mast & Co. v. Pearce & CowanSupreme Court of Iowa · 1882
- Peterson v. Chicago, Rock Island & Pacific Railway Co.Supreme Court of Iowa · 1890
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3Cited by16 opinions
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- Rice v. Friend Bros.Supreme Court of Iowa · 1917
- William H. Waters, Inc. v. MarchAppellate Division of the Supreme Court of the State of New York · 1934
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