McClung v. Kelley
Supreme Court of Iowa
Appeal from Cedar District Court. Action upon a parol contract for the sale of cattle. The plaintiff claims that in October, 1865, he had twenty-eight head of cattle, and that he then sold them to defendant at six cents per pound, ten dollars being then paid him, to be delivered, weighed and paid for at Wilton, on the 1st day of March following; that he wanted the defendant to go and see them before they concluded their contract, but he refused; that he told defendant, at…
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Appeal from Cedar District Court. Action upon a parol contract for the sale of cattle. The plaintiff claims that in October, 1865, he had twenty-eight head of cattle, and that he then sold them to defendant at six cents per pound, ten dollars being then paid him, to be delivered, weighed and paid for at Wilton, on the 1st day of March following; that he wanted the defendant to go and see them before they concluded their contract, but he refused; that he told defendant, at the time of sale, that another stock dealer had offered him five and a half cents (but, in fact, he had only offered him…
1Opinion of the CourtCole, J.
There was material conflict of the testimony as given by the plaintiff and defendant, each sustaining, in substance, the claim made by his pleading, and there was also more or less corroborating testimony sustaining their respective claims.
After the evidence was closed, the court gave to the jury two instructions, in substance: first, that if they found the' plaintiff’s claim established, their verdict should be for him; and, second, if they found the contract proved as claimed by the defendant, they should return a verdict for him.
The third instruction was as follows : “ There are no issues…
2Cases cited4 opinions
- Howard & Ryckman v. HoeyNew York Supreme Court · 1840
- Gallagher v. WaringNew York Supreme Court · 1832
- Hart v. WrightNew York Supreme Court · 1837
- De Ridder v. M'KnightNew York Supreme Court · 1816
3Cited by22 opinions
- Bunch v. WeilSupreme Court of Arkansas · 1904
- Hood v. Bloch Bros.West Virginia Supreme Court · 1886
- Foley v. Liggett & Myers Tobacco Co.Appellate Terms of the Supreme Court of New York · 1930
- Adams v. Peter Tramontin Motor SalesNew Jersey Superior Court Appellate Division · 1956
- Dr. Shoop Family Medicine Co. v. DavenportSupreme Court of North Carolina · 1913
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