Mighell v. Dougherty
Supreme Court of Iowa
Appeal from Calhoim District Court. — Hon. Charles D. Goldsmith, Judge. Action for damages for the nondelivery of grain. There was a verdict and judgment for the plaintiff, and the defendant appeals.
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Appeal from Calhoim District Court. — Hon. Charles D. Goldsmith, Judge. Action for damages for the nondelivery of grain. There was a verdict and judgment for the plaintiff, and the defendant appeals. If the labor, skill and money to be expended are the essence of the oral contract and are a part of the thing sold and bought, then it comes under the exception mentioned in section 3665 of-the Code of Iowa, even if no part of the purchase price has been paid and no part of the property delivered, and not otherwise. That is to say, if the labor and the skill and the money expended are called into…
1Opinion of the CourtKinne, J.
The plaintiff claims that on July 20, 1890, he orally contracted with the defendant to deliver to him (the plaintiff), at his elevator in Lake City, Iowa, one thousand, five hundred bushels of oats, of the crop of 1890, then raised and unthreshed, at the agreed price of eighteen cents per bushel; that the defendant has refused to perform his contract; that he has sustained damages in the sum of three hundred and fifty dollars. To this petition a demurrer was sustained, on the ground that the alleged contract was within the statute of frauds. Afterwards the petition was amended by alleging…
2Cases cited17 opinions
- Goddard v. BinneyMassachusetts Supreme Judicial Court · 1874
- Downs & Skillinger v. RossNew York Supreme Court · 1840
- Cason v. Thomas Cheely & Co.Supreme Court of Georgia · 1849
- Meincke v. FalkWisconsin Supreme Court · 1882
- Atwater v. HoughSupreme Court of Connecticut · 1861
12 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Marks v. McGookinSupreme Court of Iowa · 1905
- Deitrick v. SinnottSupreme Court of Iowa · 1920
- Quaker Oats Co. v. KidmanSupreme Court of Iowa · 1920
- Kaye v. TaylorNorth Dakota Supreme Court · 1914
- Lewis v. EvansSupreme Court of Iowa · 1899
1 more not listed; retrieve them via the Exa API.