Carlsten-Williams Co. v. Marshall Oil Co.
Supreme Court of Iowa
Appeal from Marshall District Court. — B. F. Cummings, Judge. The appellant purchased rubber tires of the appellee. This is a suit for the purchase price. The difference between the parties is on the claim of appellant that freight paid for the transportation ,of these tires should be deducted from the purchase price, and that tender with such deduction has been made and refused.
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Appeal from Marshall District Court. — B. F. Cummings, Judge. The appellant purchased rubber tires of the appellee. This is a suit for the purchase price. The difference between the parties is on the claim of appellant that freight paid for the transportation ,of these tires should be deducted from the purchase price, and that tender with such deduction has been made and refused. A verdict for the full amount of the purchase price was directed against the defendant, and it appeals.
1Opinion of the CourtSalinger, J.
*82 l. appeal and fact®tiverdicts, directed irverdict. 2' usage^evidence: su§cieirktness
*833. custom and usage : knowledge of business and markets: presumptions. *81I. This being an appeal because a verdict was directed, we do not inquire whether the losing party is entitled to a directed verdict, but determine only *82whether appellant had, at the least, a question for a iury. Ney v. Eastern Iowa Tel. Co., 185 Iowa 610. If, under the evidence, the jury could find that the appellee was bound to pay the freight on the goods bought of it by appellant, and could find that a tender of the amount due with such…
2Cases cited11 opinions
- Mohler v. Guest Piano Co.Supreme Court of Iowa · 1919
- Smith v. BloomSupreme Court of Iowa · 1913
- Farmers & Merchants Bank v. Wood Bros. & Co.Supreme Court of Iowa · 1908
- Cash v. HinkleSupreme Court of Iowa · 1873
- D. H. Baldwin & Co. v. MoserSupreme Court of Iowa · 1912
6 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- Granette Products Co. v. Arthur H. Neumann & Co.Supreme Court of Iowa · 1925
- Brenton Bros. & Leach v. HillSupreme Court of Iowa · 1924
- Sapulpa Refining Co. v. Cedar Rapids Oil Co.Supreme Court of Iowa · 1920
- Drager v. Carlson Hybrid Corn Co.Supreme Court of Iowa · 1955
- Drager v. Carlson Hybrid Corn Co.Supreme Court of Iowa · 1955