Tufts v. Larned
Supreme Court of Iowa
Appeal from Dubuque District Court. Plaintiffs sue upon an account for goods sold and delivered. In the answer defendant claims damages for plaintiffs’ failure to deliver certain articles of hardware, etc., according to the terms of a written agreement.
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Appeal from Dubuque District Court. Plaintiffs sue upon an account for goods sold and delivered. In the answer defendant claims damages for plaintiffs’ failure to deliver certain articles of hardware, etc., according to the terms of a written agreement. Plaintiffs thereupon file their bill in equity (in effect) to reform the contract, insisting that this hardware was not bought of them, but of "Wardwell & Go., that it was signed by plaintiffs by mistake, setting out the facts fully, of all which defendant had knowledge, etc. All these allegations were denied by defendant, and upon the issue…
1Opinion of the Court
"Wright, J.
equity : miscontract. The question made is of fact. As to the law the parties do not differ. We have only to determine whether the evidence warranted the finding.
In our judgment it did not. "The instrument sought to be reformed is as follows: “ Mem. of agrt. between Tufts & Colly and F. Larned, entered into this 18th day' of April, 1861. Tufts & Colly'agree to give F. Larned, net, $12,500 worth of goods, etc., selected from the stock of goods in the hands of I. G. Bullock, as the agent of Wardwell ifc Co., for which Larned agrees to give his home property, No., etc., in New York…
2Cited by13 opinions
- Southard v. . CurleyNew York Court of Appeals · 1892
- Galva First National Bank v. ReedSupreme Court of Iowa · 1927
- Liberty v. HainesSupreme Judicial Court of Maine · 1907
- Bowman v. BesleySupreme Court of Iowa · 1903
- Chicago Title & Trust Co. v. SmythSupreme Court of Iowa · 1895
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