McCoy v. Julien
Supreme Court of Iowa
Appeal from Lucas District Court. The plaintiff, in July, 1860, bought of defendant a lot of hogs, and it was agreed that they were to be delivered in Chariton, Iowa, between the first and tenth days of August following; that they were to weigh two hundred and fifty pounds each; that plaintiff was to pay a certain rate per hundred pounds therefor when weighed and delivered. Upon this contract plaintiff advanced to defendant the sum of forty dollars.
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Appeal from Lucas District Court. The plaintiff, in July, 1860, bought of defendant a lot of hogs, and it was agreed that they were to be delivered in Chariton, Iowa, between the first and tenth days of August following; that they were to weigh two hundred and fifty pounds each; that plaintiff was to pay a certain rate per hundred pounds therefor when weighed and delivered. Upon this contract plaintiff advanced to defendant the sum of forty dollars. The hogs were not weighed and delivered by the defendant, or received by the plaintiff. The plaintiff brings this action for money had and…
1Opinion of the Court
Baldwin, Ck. J.
Upon the trial, in the District Court, the defendant proposed to 'offer testimony by which he could prove that he had on his farm, within two miles of Chariton, hogs of the number, weight and quality named in the agreement; that he was ready, at the time named, with the requisite number of hands, to drive them to town to be weighed and delivered; that the hogs were very heavy, and the weather very warm, so that they could not have been driven to town and back without great damage to him, as the plaintiff was not there to receive them; that if plaintiff had been ready to perform…
2Cases cited1 opinion
- Warner v. PaceSupreme Court of Iowa · 1860
3Cited by2 opinions
- Critchett v. American InsuranceSupreme Court of Iowa · 1880
- Presnall v. HerbertSupreme Court of Iowa · 1872