Hodgson v. Smith Bros.
Supreme Court of Iowa
Appeal from Shelby District Court.-— HoN. O: D. Wheeler, Judge. PlaiNtife exchanged 160 acres of land in Kossuth county, valued at $8,800, to Smith Bros, for a stock of hardware and implements at Shelby, Iowa, to be invoiced at market value, with 5 per cent, added for freight. The fixtures and tools were to be discounted 25 per cent., and the prices of.the cash register and safe were agreed upon.
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Appeal from Shelby District Court.-— HoN. O: D. Wheeler, Judge. PlaiNtife exchanged 160 acres of land in Kossuth county, valued at $8,800, to Smith Bros, for a stock of hardware and implements at Shelby, Iowa, to be invoiced at market value, with 5 per cent, added for freight. The fixtures and tools were to be discounted 25 per cent., and the prices of.the cash register and safe were agreed upon. The invoice amounted to about $2,100 in excess of the sum to be paid for tbe land, and, in pursuance of the contract, Smith Bros, withdrew items invoiced at this value, and the deal was closed by…
1Opinion of the CourtLadd, J.
That a mistake of $1,000 in defendants’ favor was made in adding the items in the invoice is con*517clusively established by tbe evidence, and tbe court rightly held there was no waiver. The deal was closed with the understanding that the computations were correct. It may be that plaintiff accepted the abstract of title to the land and Smith Bros, the invoice as it was, but this was with respect to objections then urged; i. e., certain defects in the abstract and insistency by plaintiff’s agent that portions of the invoice were too high and that goods not in stock were included. There is no…
2Cases cited14 opinions
- Fagan v. HookSupreme Court of Iowa · 1905
- Pell v. McElroyCalifornia Supreme Court · 1868
- Woodall v. Kelly & Co.Supreme Court of Alabama · 1888
- Pierson v. DavidSupreme Court of Iowa · 1855
- Amory v. ReillyIndiana Supreme Court · 1857
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3Cited by1 opinion
- State Bank v. BrownSupreme Court of Iowa · 1909