Bushnell v. Geo. E. King Bridge Co.
Supreme Court of Iowa
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.
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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
- Laporte Improvement Co. v. BrockSupreme Court of Iowa · 1896
3Cited by2 opinions
- Sempel v. Northern Hardwood Lumber Co.Supreme Court of Iowa · 1909
- Deal v. Wapsie Power & Light Co.Supreme Court of Iowa · 1914