Fort Dodge Coal Co. v. Willis
Supreme Court of Iowa
Appeal from Webster District Court> Action to recover the value of certain coal which plaintiff claims to have sold and delivered to defendant. Defendant resides in Butler county, and he filed a motion in the district court for the removal of the cause to that county, and, that motion being overruled, he declined to plead, and a default was entered against him, and judgment rendered thereon for the amount of the claim, from which he appeals.
1Opinion of the CourtReed, J.
The coal, the value of which plaintiff seeks to recover, is alleged to have been sold and delivered in car-lots on the second-, fourth and eighth of October, 1883. It is alleged that the sales were made under a written contract, and that such contract was contained in the letters which passed between the parties, some of which are attached as exhibits to the petition. The first of these in point of time is a letter from plaintiff to defendant, and which purports to be an answer to one written by him, in which they advised him that the lowest price at which they could sell coal was $2.50 per…
2Cited by3 opinions
- Wixom v. HoarSupreme Court of Iowa · 1913
- Wayt v. MeighenSupreme Court of Iowa · 1910
- Bechtel v. District CourtSupreme Court of Iowa · 1932