Webster-Gruber Marble Co. v. Dryden
Supreme Court of Iowa
Appeal from Louisa District Court. — Hot. A. R. Dewey, Judge. The defendants signed and delivered to the plaintiff the following instrument: '“$450.00. No. -. “Morning Sun, Iowa, Nov. 26,1890* “I have this day bought of the Webster-Gruber Marble Company, to be delivered at Virginia Grove •Cemetery during the month of December, • 1890, or within a reasonable time thereafter, one combination Georgia sarcophagus monument, design No.-, ■selected, now in stock. * '* * For the…
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Appeal from Louisa District Court. — Hot. A. R. Dewey, Judge. The defendants signed and delivered to the plaintiff the following instrument: '“$450.00. No. -. “Morning Sun, Iowa, Nov. 26,1890* “I have this day bought of the Webster-Gruber Marble Company, to be delivered at Virginia Grove •Cemetery during the month of December, • 1890, or within a reasonable time thereafter, one combination Georgia sarcophagus monument, design No.-, ■selected, now in stock. * '* * For the material, work, and labor as performed above, I promise to pay the Webster-Gruber Marble Company, or order, on delivery of…
1Opinion of the CourtGranger, C. J.
It will be seen, by reference to-the written contract, that it was for the particular-stone then in stock and selected. The contract was signed at the home of Mrs. Dryden, and none of the-defendants had seen the stone, nor did they have any knowledge of it, except through the agent of the plaintiff company who solicited and obtained the order. A defense to the action is based on misrepresentations as-to the character of the stone specified. The day after the contract was signed Mrs. Dryden went to the shops-of plaintiff, in Muscatine, and she was shown the mon-*39nment designated in the…
2Cases cited1 opinion
- McAlister v. SafleySupreme Court of Iowa · 1885
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