Osgood v. Names
Supreme Court of Iowa
Appeal from Clarke District Court. — P. C. WINTER, Judge. ACTION at law to recover damages for injuries to plaintiff’s cattle in the sum of $153, caused by the failure of defendant to maintain a certain part of the division fence between the respective farms of plaintiff and defendant, under the terms of an alleged oral contract between the parties. Verdict of jury finding for the plaintiff, and judgment entered accordingly. Defendant appeals. —
1Opinion of the CourtDe Grape, J.
1- Tgreement01for maintenance. Plaintiff and defendant are adjoining farm owners, and the petition recites that a division fence between the land of the respective owners was agreed upon between them, and each had maintained his part thereof; that this agreement was oral, and had been acquiesced in by the parties, and each had attempted to keep up his part of the said fence; that, subsequently to the agreement and prior to the injury complained of, plaintiff orally notified the defendant that his said fence was not sufficient, and requested that he repair same and make it stock proof; that,…
2Cases cited10 opinions
- Wagner v. BissellSupreme Court of Iowa · 1856
- D'Arcy v. MillerIllinois Supreme Court · 1877
- Tupper v. ClarkSupreme Court of Vermont · 1870
- De Mers v. RohanSupreme Court of Iowa · 1905
- Wilder v. StanleySupreme Court of Vermont · 1893
5 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- State Ex Rel. Turner v. Koscot Interplanetary, Inc.Supreme Court of Iowa · 1971
- Jacobs v. StoverSupreme Court of Iowa · 1976
- Longfellow v. SaylerSupreme Court of Iowa · 2007
- Double v. Iowa-Nebraska Coal Co.Supreme Court of Iowa · 1924
- Kruse v. VailSupreme Court of Iowa · 1947
4 more not listed; retrieve them via the Exa API.