Legal Opinion

Drake v. Vorse

Supreme Court of Iowa

Decided December 4, 1879PublishedCited by 15 opinions

Appeal from, Wapello Circuit Court. Action to recover for damages alleged to have been sustained by plaintiff by reason of the failure of the defendant to take and pay for certain castings according to the terms of a certain contract existing between the parties. In January, 1873, the defendant was engaged in the manufacture of school furniture, and the plaintiff' was engaged in the manufacture of castings for school furniture.

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Appeal from, Wapello Circuit Court. Action to recover for damages alleged to have been sustained by plaintiff by reason of the failure of the defendant to take and pay for certain castings according to the terms of a certain contract existing between the parties. In January, 1873, the defendant was engaged in the manufacture of school furniture, and the plaintiff' was engaged in the manufacture of castings for school furniture. They ac cordingly entered into a contract whereby the plaintiff agreed to make for defendant all the castings he should want for the year 1873, the contract being in…

1Opinion of the CourtAdams, J.

i. contbact: of. — The abstract does not purport to contain all the evidence, and the findings of fact cannot be reviewed. We may, however, consider whether under a proper construction of the contract the conclusion reached can be justified. Counsel differ widely as to the obligation which it imposes upon the defendant. It binds the plaintiff to make what castings the defendant may want. It does not expressly bind the defendant to anything except to pay in cash, on delivery the prices specified. But conceding that it bound him to order and take of the plaintiff all the castings he should…

2Cited by15 opinions

  1. Cold Blast Transp. Co. v. Kansas City Bolt & Nut Co.Court of Appeals for the Eighth Circuit · 1902
  2. Berkeley County Public Service District v. Vitro Corp. of AmericaWest Virginia Supreme Court · 1968
  3. A. Santaella & Co. v. Otto F. Lange Co.Court of Appeals for the Eighth Circuit · 1907
  4. Hickey v. O'BrienMichigan Supreme Court · 1900
  5. Wickham & Burton Coal Co. v. Farmers Lumber Co.Supreme Court of Iowa · 1920

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