S. Rosenberger & Co. v. W. R. Marsh & Co.
Supreme Court of Iowa
Appeal from Hamilton District Court. — Hon. D. R. Hind-maRj Judge. ActioN at law to recover tbe purchase price of certain cigars sold and delivered tbe defendants. Defendants admit tbe account, but plead a counterclaim for breach of tbe contract under wliicb the cigars were sold. Trial to a jury. Verdict and judgment for plaintiff, and defendant Allington appeals.
1Opinion of the CourtDeeMer, J.
Plaintiff is a manufacturer of cigars, doing business in tbe city of Cincinnati, Ohio. Defendants are jobbers of cigars, bottled goods, and furniture. In November of tbe year 1894, plaintiff, through its agent, one Towson, sold tbe defendants a certain lot of cigars, and continued to supply defendants with this same brand, known as tbe “Imperial Sweeper,'” until January 3, 1896, at which time plaintiff refused to furnish any more of its goods bearing tbe above-mentioned brand. During the time mentioned, defendants received .about one hundred and twenty thousand cigars from the plaintiff. The…
2Cases cited2 opinions
- Browne v. HickieSupreme Court of Iowa · 1886
- Collins v. CollinsSupreme Court of Iowa · 1877
3Cited by13 opinions
- Hichhorn, Mack & Co. v. BradleySupreme Court of Iowa · 1902
- Lewis v. Minnesota Mutual Life InsuranceSupreme Court of Iowa · 1949
- Rudd v. DeweySupreme Court of Iowa · 1903
- Shannon v. GaarSupreme Court of Iowa · 1944
- Atlas Brewing Co. v. HuffmanSupreme Court of Iowa · 1934
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