Sadler v. Olmstead
Supreme Court of Iowa
Appeal from Tama District Court. — Host. L. G. Kinhe, Judge. This is an action at law to recover judgment for certain hay sold by the plaintiffs to the defendant. The defendant, by answer and counter-claim, averred that he had more than paid for the hay actually delivered to him, and demanded judgment against the plaintiffs. There was a trial by jury, and a verdict and judgment against the plaintiffs. They appeal.
1Opinion of the Court
Rothrook, O. J.
The petition is in two counts. In the first count it is averred that the plaintiffs sold and *122delivered to the defendant one hundred and three and three fourths tons of hay at the agreed price of six dollars per ton, and that defendant has paid them the sum of four hundred dollars, and that the sum of $222.50 is due and owing to the plaintiffs. The second count sets forth the same sale of hay, and avers that said hay was weighed by the defendant, and received without complaint. That afterwards the defendant refused to make payment therefor, and a difference arose between the…
2Cases cited3 opinions
- Pearson v. Milwaukee & St. Paul R. Co.Supreme Court of Iowa · 1877
- Foust v. HastingsSupreme Court of Iowa · 1885
- Van Brunt & Co. v. MatherSupreme Court of Iowa · 1878
3Cited by5 opinions
- First National Bank in Cedar Falls v. ClaySupreme Court of Iowa · 1942
- Rucker v. HallCalifornia Supreme Court · 1895
- Dworkin v. Caledonian InsuranceSupreme Court of Missouri · 1920
- Eastman v. DunnSupreme Court of Rhode Island · 1912
- Rawlinson v. ShawMichigan Supreme Court · 1898