McClelland v. James
Supreme Court of Iowa
Appeal from, Washington Circuit Court. Plaintiee filed a petition as follows: “ I. Count. Defendant is indebted to him in the sum of $1,700, for that plaintiff and defendant and one Daniel Mickey contracted as follows: “ Ainsworth, Iowa, July 27, 1869. “ J. S. McClelland agrees to sell and deliver to Daniel Mickey one thousand bushels of No. 2 wheat, to weigh not less than 56 lbs. in the grain tester, at one dollar and thirty-five cents per bushel, and to be delivered in the…
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Appeal from, Washington Circuit Court. Plaintiee filed a petition as follows: “ I. Count. Defendant is indebted to him in the sum of $1,700, for that plaintiff and defendant and one Daniel Mickey contracted as follows: “ Ainsworth, Iowa, July 27, 1869. “ J. S. McClelland agrees to sell and deliver to Daniel Mickey one thousand bushels of No. 2 wheat, to weigh not less than 56 lbs. in the grain tester, at one dollar and thirty-five cents per bushel, and to be delivered in the month of January nest, seller’s option. I, Daniel Mickey, for and in consideration of the above agreement, agree to…
1Opinion of the CourtDay, J.
It will be more conducive of brevity and clearness to discuss in their logical order the. legal propositions raised by the demurrer and urged in the arguments, than to consider the points of the demurrer seriatim.
I. As to the admissibility of pa/rol evidence to explain the contract. Appellant insists that such evidence is admissible because of the ambiguity of the contract. He urges that “it will he found difficult, without calling in parol evidence, to answer the following questions: With whom does defendant contract, with Mickey or plaintiff % How is defendant’s one-half interest, that he…
2Cases cited1 opinion
- Jackson ex dem. Van Vechten v. SillNew York Supreme Court · 1814
3Cited by3 opinions
- D. M. Osborne & Co. v. StringhamSouth Dakota Supreme Court · 1894
- The First National Bank of Grundy Center v. Snyder Bros.Supreme Court of Iowa · 1890
- People v. GriesbachAppellate Court of Illinois · 1906