Poole, Gillam & Co. v. Hintrager
Supreme Court of Iowa
Appeal from, Buchanan Circuit Court. This is an action at law against Charles L. Sumbardo, and Wm. Hintrager, as co-partners, to recover upon an account for goods sold to C. L. Sumbardo & Co. bj plaintiff. There was a judgment upon a verdict for plaintiff. Defendant appeals. The facts of the case necessary for a proper understanding of the points ruled appear in the opinion. -
1Opinion of the CourtBeck, J.
i. practice : evidence ¡ variance.' I. During the progress of the trial, evidence was introduced by plaintiff tending to show that defendant, Hintrager, bought out the interest of one Harper in a stock of goods owned by him and Sumbardo, under ^ ** ' the firm name of C. L. Sumbardo & Co., and that the purchase was made by Sumbardo as agent for defendant.
The evidence tending to show.the purchase by Sumbardo, as agent of Hintrager, was .objected to on the ground that it Was not so alleged in the petition,- the averment being that the purchase was made by Hintrager. While our system of pleading…
2Cases cited1 opinion
- Johnson v. KnappSupreme Court of Iowa · 1873
3Cited by10 opinions
- French v. FrenchSupreme Court of Iowa · 1892
- Malanaphy v. Fuller & Johnson Mfg. Co.Supreme Court of Iowa · 1904
- Hankins v. YoungSupreme Court of Iowa · 1916
- Brown v. MelloonSupreme Court of Iowa · 1915
- Huston v. JohnsonNorth Dakota Supreme Court · 1915
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