Greff v. Blake
Supreme Court of Iowa
Appeal from Dubuque District Court The plaintiff brought his suit before a Justice of the Peace, claiming $22.20 “ due him for hauling.” The defendant filed his answer in writing: 1st. Denying generally the plaintiff’s claim; 2d.
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Appeal from Dubuque District Court The plaintiff brought his suit before a Justice of the Peace, claiming $22.20 “ due him for hauling.” The defendant filed his answer in writing: 1st. Denying generally the plaintiff’s claim; 2d. Setting up a cross-claim against plaintiff for a breach of his contract, whereby he “was bound to do the hauling necessary to be done for defendant in his business of brickmaking,” for a certain compensation, and claiming damages in the sum of .fifty dollars therefor; 3d. That, by reason of plaintiff’s failure to perform his contract, the defendant “was obliged to…
1Opinion of the CourtCole, J.
I. On the trial, in the District Court, the defendant proved a contract on the part of plaintiff “ to do all the defendant’s hauling in his business for the season to which evidence the plaintiff objected, for the reason that no such contract is alleged in the pleading, the allegation in the answer being a contract “ to do the hauling necessary to be done for defendant in his business of brick-making;”. that the Court overruled the objection, and plaintiff, excepted, and assigns the same as error.
In view of the fact, that the pleadings in this case were made before a Justice of the Peace,…
2Cases cited2 opinions
- Shields v. GuffeySupreme Court of Iowa · 1859
- Hall v. MonahanSupreme Court of Iowa · 1855
3Cited by2 opinions
- Rickeman v. Williamsburg City Fire InsuranceWisconsin Supreme Court · 1904
- Glidden v. HigbeeSupreme Court of Iowa · 1871