Legal Opinion

Deal v. Wapsie Power & Light Co.

Supreme Court of Iowa

Decided December 19, 1914Published

Appeal from Linn District Court. — Hon. Milo P. Smith, . Judge. Action for goods sold resulted in allowing damages on a counterclaim as prayed. Tlie plaintiff appeals.

1Opinion of the CourtLadd, C. J.

but accepted delivery: ris- . ing market:. damages. On June 19, 1912, the defendant ordered 610 cedar poles of plaintiff with directions to ship to Lisbon and other near-by places within three weeks. Plaintiff accepted the order and promptly delivered 186 of the poles. Defendant repeatedly requested * the remaining poles, and on September 9th iola , lowing, advised plaintiff that unless something tangible were heard from him within forty-eight hours, it would buy elsewhere and charge him the difference between the price paid and the contract price. Not receiving the poles, it purchased 404 on…

2Cases cited2 opinions

  1. Bushnell v. Geo. E. King Bridge Co.Supreme Court of Iowa · 1908
  2. Ramish v. Kirschbraun & SonsCalifornia Supreme Court · 1893

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