Haugen & Co. v. McCarthey
Supreme Court of Iowa
Appeal from Winnesheik District Court. Action to recover damages for the non-performance of a contract to purchase a reaper. The defendant made a proper showing that he resided in Allamakee county, and thereupon the court, upon his motion, changed the venue to that county. From this order plaintiffs appeal.
1Opinion of the Court
Beck, Ch. J.
The material part of the contract upon which the action is based, is in these words :
“ Messrs. P. E. Haugen & Co., Decorah, Iowa: Please have manufactured for me one of "Wood’s Self-raking [Reapers, and have the same ready for shipment to me at Decorah, county of-, on or before the 10th day of July, 1811, with the usual extras; and in consideration thereof, I agree to pay for the same,” etc. The petition alleges the performance of the contract on the part of plaintiffs, the shipment of the property to the place of delivery, and that at the time named, it was ready for delivery,…
2Cases cited2 opinions
- Hunt v. BrattSupreme Court of Iowa · 1867
- Oliver v. BassSupreme Court of Iowa · 1870
3Cited by3 opinions
- Joeckel v. JohnsonSupreme Court of Iowa · 1916
- Wayt v. MeighenSupreme Court of Iowa · 1910
- Bechtel v. District CourtSupreme Court of Iowa · 1932