Legal Opinion

Bushnell v. Geo. E. King Bridge Co.

Supreme Court of Iowa

Decided November 24, 1908PublishedCited by 2 opinions

Appeal from Polk District Court. — Hon. Hugh Brennan, Judge. Action to recover the amount due under a contract of sale of oah lumber to the defendant. The defendant in its answer admitted the contract, but alleged that a large portion of the lumber tendered in performance of the contract did not comply with the specifications, and was rejected; and by way of counterclaim defendant alleged damages by reason of said breach of contract on plaintiff’s part.

Read the full summary

Appeal from Polk District Court. — Hon. Hugh Brennan, Judge. Action to recover the amount due under a contract of sale of oah lumber to the defendant. The defendant in its answer admitted the contract, but alleged that a large portion of the lumber tendered in performance of the contract did not comply with the specifications, and was rejected; and by way of counterclaim defendant alleged damages by reason of said breach of contract on plaintiff’s part. There was a trial to a jury, and an affirmative verdict in favor of defendant. From judgment on this verdict plaintiff appeals. —

1Opinion of the CourtMcClain, J.

— The contract for the sale of oak lumber by plaintiff to defendant, to be delivered at Llano, Tex., was made by correspondence, in substance, as follows: Defendant asked plaintiff to quote prices on a bill of oak lumber which, and in response to a tentative offer,defendant wrote to plaintiff as follows: “We hereby place order with you for the following lumber to fill the specifications here given for delivery f. o. b. cars Llano, Llano Co., Tex. Plank 2% in. x 8 in. — 18 ft. long 36270 ft. Must be first class white or burr oak, free from large, loose or rotten knots or shakes, square edged…

2Cases cited1 opinion

  1. Laporte Improvement Co. v. BrockSupreme Court of Iowa · 1896

3Cited by2 opinions

  1. Sempel v. Northern Hardwood Lumber Co.Supreme Court of Iowa · 1909
  2. Deal v. Wapsie Power & Light Co.Supreme Court of Iowa · 1914

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API