Mackey v. Swartz
Supreme Court of Iowa
Appeal from Hardin Circuit Court. The plaintiff alleges in his petition that the defendant ordered of plaintiff a fire-proof safe, at the price of $85, that plaintiff shipped to defendant the safe called for by said order, and that defendant has failed to pay the price thereof. The order, a copy of which is set out in the petition, calls for a safe with fancy Japanese painting, bouquets on the sides, mortar on outside of door, for drug store, and name on one drawer.
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Appeal from Hardin Circuit Court. The plaintiff alleges in his petition that the defendant ordered of plaintiff a fire-proof safe, at the price of $85, that plaintiff shipped to defendant the safe called for by said order, and that defendant has failed to pay the price thereof. The order, a copy of which is set out in the petition, calls for a safe with fancy Japanese painting, bouquets on the sides, mortar on outside of door, for drug store, and name on one drawer. The answer, amongst other things, alleges that the safe delivered does not correspond with the order as to painting, in that…
1Opinion of the Court
Day, Ch. J.
I. The judge recites in his certificate that the plaintiff' introduced evidence tending to prove the contract or order as-set out in the petition; that upon said order the safe was shipped to the defendant, and received by him on or about November 20th, 1880; that-the safe delivered to defendant was of the name, kind and description called for by the order, except that there was no evidence as to whether said safe was or was not painted with fancy Japanese painting, bouquets on sides, or mortar on the outside door; that on the 20th of November, and 13th of December, defendant wrote…
2Cases cited2 opinions
- Fauble & Smith v. DavisSupreme Court of Iowa · 1878
- Allison v. VaughanSupreme Court of Iowa · 1875
3Cited by6 opinions
- Electric Storage Battery Co. v. Waterloo, Cedar Falls & Northern Railway Co.Supreme Court of Iowa · 1908
- American Fruit Product Co. v. Davenport Vinegar & Pickling WorksSupreme Court of Iowa · 1915
- Schopp v. C. C. Taft & Co.Supreme Court of Iowa · 1898
- Huber v. St. Joseph's HospitalIdaho Supreme Court · 1905
- Minneapolis Selling Co. v. R. N. Cowin & Co.Supreme Court of Iowa · 1911
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