Smith v. Bloom
Supreme Court of Iowa
Appeal from, Page District Court. — Hon. Thomas Arthur, Judge. .Plaintiff brought suit against defendant to recover damages for breach of a parol contract for the sale of certain sheep. The defendant relied on the statute of frauds, and claimed that plaintiff was not the real party in interest, and' therefore could not maintain a suit, and some other matters which will be noticed in the opinion. Trial to a jury.
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Appeal from, Page District Court. — Hon. Thomas Arthur, Judge. .Plaintiff brought suit against defendant to recover damages for breach of a parol contract for the sale of certain sheep. The defendant relied on the statute of frauds, and claimed that plaintiff was not the real party in interest, and' therefore could not maintain a suit, and some other matters which will be noticed in the opinion. Trial to a jury. At the conclusion of plaintiff’s evidence the court directed a verdict for defendant. Plaintiff appeals
1Opinion of the CourtPreston, J.
The evidence tends to show that on September 6, 1911, plaintiff, a copartnership, was engaged in the business of sheep commission merchants at the Union Stockyards, South Omaha, Neb., and were handling sheep exclusively on commission; that plaintiff has pens allotted to it for *594use by the Stockyards Company. They are not lessees of the pens, but have use of them by virtue of doing business at the yards. The yards and pens are owned and controlled by the Stockyards Company. The scales at the yards over which all stock is weighed are owned and controlled by the Stockyards Company, which employs…
2Cases cited21 opinions
- Van Brocklen v. . SmeallieNew York Court of Appeals · 1893
- Bailey v. BensleyIllinois Supreme Court · 1877
- Welch v. SpiesSupreme Court of Iowa · 1897
- Thayer v. Smoky Hollow Coal Co.Supreme Court of Iowa · 1903
- Brown v. WadeSupreme Court of Iowa · 1876
16 more not listed; retrieve them via the Exa API.
3Cited by13 opinions
- Ontario Livestock Commission Co. v. FlynnSupreme Court of Iowa · 1964
- Tansil v. McCumberSupreme Court of Iowa · 1925
- Brown v. SheedyOregon Supreme Court · 1918
- Deitrick v. SinnottSupreme Court of Iowa · 1920
- Cownie v. Local Board of ReviewSupreme Court of Iowa · 1944
8 more not listed; retrieve them via the Exa API.