Richmond v. D. & S. C. R.
Supreme Court of Iowa
Appeal from Dubuque District Gourt. This action was commenced February 3d, 1872, to recover damages for a breach of a certain contract between the defendant, The Dubuque & Sioux City Railroad Company and the Dubuque Elevator Company, corporations organized under the laws of this State. The plaintiffs have become the owners of the property of the Dubuque Elevator Company, and the assignees of its rights and interest in the -contract.
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Appeal from Dubuque District Gourt. This action was commenced February 3d, 1872, to recover damages for a breach of a certain contract between the defendant, The Dubuque & Sioux City Railroad Company and the Dubuque Elevator Company, corporations organized under the laws of this State. The plaintiffs have become the owners of the property of the Dubuque Elevator Company, and the assignees of its rights and interest in the -contract. This contract is in writing, as follows: “ CONTRACT BETWEEN THE’ D. & S. C. R. R. Co. AND THE Dubuque Elevator, made Aug. 22, 1860. Said railroad company lease to…
1Opinion of the Court
Miller, Ch. J.
I. Appellant’s counsel say that tliere was error in tbe refusal of'the court to give tbe first, second, and i contract divisibility, • fchfrd instructions asked by them, and in giving certain parts of tbe charge to tbe jury which embodied rules of law the opposite of those in the instructions asked. These latter embody tbe proposition now urged with great earnestness and ability by appellant’s counsel, that, prior to the commencement of the last action, there was an entire and absolute abandonment of the contract by the defendants, a total breach, and that the judgment recovered…
2Cases cited3 opinions
- Richmond v. Dubuque & Sioux City R. R.Supreme Court of Iowa · 1871
- Holloway v. GriffithSupreme Court of Iowa · 1871
- Crabtree v. MessersmithSupreme Court of Iowa · 1865
3Cited by20 opinions
- Ranck v. City of Cedar RapidsSupreme Court of Iowa · 1907
- Davenport Osteopathic Hospital Ass'n v. Hospital Service, Inc.Supreme Court of Iowa · 1967
- Wilkinson v. . DunbarSupreme Court of North Carolina · 1908
- Hichhorn, Mack & Co. v. BradleySupreme Court of Iowa · 1902
- Carnego v. Crescent Coal Co.Supreme Court of Iowa · 1914
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