Moline Scale Co. v. Beed
Supreme Court of Iowa
Appeal from, FranMvn, Cvreuit Court. On the 4th day of April, 1877, at Hampton, Franklin Co., the defendant executed and delivered to an agent of the plaintiff an instrument in writing, of which. the following is a copy: “Viotok Scale Company: — Please send me from Moline one 4 ton scale and beam box, and. one No. 7 Dormant scale with .drop lever; 4 ton scale to have double brass beam.
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Appeal from, FranMvn, Cvreuit Court. On the 4th day of April, 1877, at Hampton, Franklin Co., the defendant executed and delivered to an agent of the plaintiff an instrument in writing, of which. the following is a copy: “Viotok Scale Company: — Please send me from Moline one 4 ton scale and beam box, and. one No. 7 Dormant scale with .drop lever; 4 ton scale to have double brass beam. Marked to W. G. Beed, Hampton Iowa, via Ackley, for which I agree to pay one hundred and twenty-seven and fifty ouehundredth dollars when the scale is built, as follows: Cash $127.50. And it is agreed that you…
1Opinion of the CourtRothrock, J.
i contract-measure oí damages. At the time the plaintiff received the telegram countermanding the order no act had been done by th® scales in question were set apart as the property of the defendant. The evidence shows that iqjle sca][es so far as the ir0n WOrk could be done were all perfect.” By this we understand that the plaintiff had on hand the iron work of scales such as are described in the order. The single question to be determined is, had the plaintiff the right to select the iron work of the scales after the order was countermanded, and by shipjfing to Hampton, and offering to…
2Cases cited4 opinions
- Dustan v. . McAndrewNew York Court of Appeals · 1870
- Bement v. SmithNew York Supreme Court · 1836
- Allen v. JarvisSupreme Court of Connecticut · 1849
- Ganson v. MadiganWisconsin Supreme Court · 1860
3Cited by31 opinions
- Oklahoma Vinegar Co. v. Carter & FordSupreme Court of Georgia · 1902
- Davis v. BronsonNorth Dakota Supreme Court · 1891
- Herring-Marvin Co. v. SmithOregon Supreme Court · 1903
- McCormick Harvesting Machine Co. v. MarkertSupreme Court of Iowa · 1899
- American Publishing & Engraving Co. v. WalkerMissouri Court of Appeals · 1901
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