Hudson v. W. H. Applegate & Co.
Supreme Court of Iowa
Appeal from Gass District Court. — Hon. N. W. Macy, Judge. Action at law, in three counts, to recover for services in purchasing hogs for the defendants. A verdict was returned for the plaintiff: for three thousand, seven hundred and eighty-five dollars and seventy cents; also certain special findings, which show that the verdict was rendered upon the second count of the petition.
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Appeal from Gass District Court. — Hon. N. W. Macy, Judge. Action at law, in three counts, to recover for services in purchasing hogs for the defendants. A verdict was returned for the plaintiff: for three thousand, seven hundred and eighty-five dollars and seventy cents; also certain special findings, which show that the verdict was rendered upon the second count of the petition. Judgment was entered on the verdict for three thousand, two hundred and sixty-one dollars and eighteen cents, with interest. The defendants appeal.
1Opinion of the CourtGiven, J.
1. instructions aeuce! eus-1" tom‘ . — I. In Ms second count the plaintiff •alleges “that the reasonable value of such services, and the usual, uniform, and customary price for purchasing said hogs was ten cents per one hundred pounds.” The appellants •contend that there was no evidence of the reasonable value of such services, nor of a custom or usage as to •the commissions to be paid, in the absence of an express ■contract, -and that the court therefore erred in submitting that cause of action to the jury. Four witnesses testified, not only to the reasonable value of the services, but also…
2Cases cited3 opinions
- Brockman v. BerryhillSupreme Court of Iowa · 1864
- Brown v. McLeishSupreme Court of Iowa · 1887
- Noel v. Dubuque, Bellevue & Mississippi R.Supreme Court of Iowa · 1876
3Cited by4 opinions
- Barber v. MadenSupreme Court of Iowa · 1905
- Crawford v. Emerson Construction Co.Supreme Court of Iowa · 1936
- Hester v. MeewesSupreme Court of Iowa · 1964
- Neidy v. LittlejohnSupreme Court of Iowa · 1910