Eagle Coal & Mining Co. v. Hazen
Supreme Court of Iowa
Appeal from Des Moines Municipal Court. — O. S. Franklin, Judge. . Action by plaintiff to recover on account of coal sold to the defendants, in the sum of $189.87. The defendant filed a counterclaim, asking damages for breach of contract to furnish coal. Trial to a jury, and verdict and judgment for the defendant for $203.33. The plaintiff appeals.
1Opinion of the CourtPreston, J.
The defendants are the same, the company being the trade name used by the defendant Hazen. Plaintiff's claim seems not to be disputed, and the trial court instructed the jury to return a verdict for plaintiff for the full amount of its claim, unless defendant should be entitled to recover on the counterclaim. The contract, if there was one, was between plaintiff and one Heddleson, and defendant alleges that the same was assigned orally to the defendant, as a part of the business and good will of the .said Grandview Coal & Feed Company, which was purchased by defendant Hazen from Heddleson,…
2Cases cited3 opinions
- Joliet Bottling Co. v. Joliet Citizens' Brewing Co.Illinois Supreme Court · 1912
- Nicolls v. WetmoreSupreme Court of Iowa · 1916
- Hessenius v. WetmoreSouth Dakota Supreme Court · 1915
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