Billmeyer v. Queen Manufacturing Co.
Supreme Court of Iowa
Appeal from Hamilton District Court. — Hon. C. G. Lee, Judge. Action to recover the value of certain property called for under a duebill which plaintiff had taken by assignment from one Flack.
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Appeal from Hamilton District Court. — Hon. C. G. Lee, Judge. Action to recover the value of certain property called for under a duebill which plaintiff had taken by assignment from one Flack. The defendant pleaded fraud and want of consideration, and the court instructed the jury that plaintiff was entitled to recover the agreed value of the property called for by -the duebill, unless it appeared by a preponderance of the evidence either that the contract, in pursuance of which the duebill was given, was procured by fraudulent representations, or that the due-bill was without consideration.…
1Opinion of the CourtMcClain, J.
In pursuance of a contract for the sale of a secondhand automobile by one Flack to the defendant, a duebill was executed by defendant for the delivery to said Flack of $800 worth of flat steel mats at twenty-seven cents per square foot; such mats being the manufacture of the defendant. Defendant delivered to Flack a small portion of the mats, but, when plaintiff as assignee of the due-bill demanded delivery of the balance in accordance with his order, such delivery was refused, on the ground that in the contract of sale of the automobile Flack had made false and fraudulent representations as…
2Cases cited5 opinions
- Upton Manuf'g Co. v. HuiskeSupreme Court of Iowa · 1886
- Rogers v. Hanson & Co.Supreme Court of Iowa · 1872
- Timken Carriage Co. v. C. S. Smith & Co.Supreme Court of Iowa · 1904
- Alsberg, Jourdan & Co. v. LattaSupreme Court of Iowa · 1870
- Whitlock v. Workman & Co.Supreme Court of Iowa · 1863
3Cited by4 opinions
- Broderick v. CoppingerArizona Supreme Court · 1932
- Four Traction Auto Co. v. HurniSupreme Court of Iowa · 1915
- Hostler Coal & Lumber Co. v. StuffSupreme Court of Iowa · 1928
- Becker v. BakerSupreme Court of Iowa · 1916