Phelps v. Linnan
Supreme Court of Iowa
Appeal from Sioux District Court. — W. D. Boies, Judge. This is an action at law by an alleged assignee of a contract for the installation of a gas generator, against the purchaser under said contract, for the full amount of the purchase price, the purchaser having already paid assignor the full amount called for by the contract. The case was tried to the court without a jury, and the court found for the defendant. Plaintiff appeals.
1Opinion of the CourtPreston, J.
Defendant admits the execution of contract on June 9, 1914. Under this contract, Hunter & Challman agreed to install a carbide feed gas generator, pipe defendant’s residence and furnish fixtures, all under a five-year guarantee; and the defendant agreed, in consideration of the above, to pay $275 when the job was finished. Defendant also admits the receipt by him of two letters from the New England Manufacturing Company, one of which is as follows:
"Chicago, 111., June 28th, 1913.
"Mr. John Linnan,
"Maurice, Iowa.
"Dear Sir:—
"On the 24th, Hunter & Challman assigned to me your order given to them…
2Cases cited5 opinions
- Bostwick v. Mutual Life Insurance Co.Wisconsin Supreme Court · 1903
- Langhammer v. City of ManchesterSupreme Court of Iowa · 1896
- Sessions v. RiceSupreme Court of Iowa · 1886
- Cable Co. v. MillerSupreme Court of Iowa · 1913
- Tiffany v. AndersonSupreme Court of Iowa · 1880
3Cited by3 opinions
- Rotterman v. General Mills, Inc.Supreme Court of Iowa · 1953
- United Packing House Workers (C. I. O.) Local 38 v. BoyntonSupreme Court of Iowa · 1949
- Monona County v. GraySupreme Court of Iowa · 1925