Durkee v. Schultz
Supreme Court of Iowa
Appeal from Shelby District Court. — IIoN. N. W. Macy, ■ Judge. Ih 1901 the plaintiff was the local agent at Panama, Iowa, of the Plano Manufacturing Company, of Chicago, Ill. April 13th of that year the defendant signed a written order for a Plano binder, and delivered it to one Campbell, who was a canvasser sent out by the Plano people to assist the plaintiff.
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Appeal from Shelby District Court. — IIoN. N. W. Macy, ■ Judge. Ih 1901 the plaintiff was the local agent at Panama, Iowa, of the Plano Manufacturing Company, of Chicago, Ill. April 13th of that year the defendant signed a written order for a Plano binder, and delivered it to one Campbell, who was a canvasser sent out by the Plano people to assist the plaintiff. This order was taken on one of the blanks furnished by the company, and provided that it was subject to their approval in Chicago. Campbell delivered the order to tbe plaintiff on the same day that it was taken, and on the same day…
1Opinion of the CourtSheRwiN, J.
There was no meeting of the minds of the parties, and hence there could be no contract until the approval of the order by the Plano Manufacturing Company; consequently the defendant might withdraw the order at any time before there had been an acceptance thereof which was communicated to him. Machine Co. v. Richardson, 89 Iowa, 525; Manufacturing Co. v. Perkins & Son, 97 Iowa, 607. That he withdrew the order before he had received any notice of its acceptance or approval is undisputed. The appellant contends, however, that he had authority to approve it for the company, and that he did so.…
2Cases cited3 opinions
- McCormick Harvesting Machine Co. v. MarkertSupreme Court of Iowa · 1899
- McCormick Harvesting Machine Co. v. RichardsonSupreme Court of Iowa · 1893
- J. Thompson & Sons Manufacturing Co. v. Perkins & SonSupreme Court of Iowa · 1896
3Cited by5 opinions
- Port Huron MacHinery Co. v. WohlersSupreme Court of Iowa · 1928
- Hargrove v. CrawfordSupreme Court of Iowa · 1913
- Minneapolis Threshing Machine Co. v. ZemanekSupreme Court of Iowa · 1906
- Doll Smith v. A. S. San. Dairy Co.Supreme Court of Iowa · 1926
- Montray Realty Co. v. ArthursSuperior Court of Delaware · 1917