Legal Opinion

Davis v. Sweeney

Supreme Court of Iowa

Decided September 6, 1888PublishedCited by 5 opinions

Appeal from Dubuque District Court — Hon. D. J. Lenehan, Judge. This is an action to recover the contract price of a threshing-machine alleged to have been sold by the plaintiffs to the defendants. A demurrer to the answer was sustained, and the defendants appeal.

1Opinion of the CourtRothrock, J.

— A written order was executed by the defendants for a machine to be delivered by the plaintiffs at Washington Mills, Iowa. The order appears to be in the same form as the order of Davis & Sons v. Robinson, 67 Iowa, 356. It appears from the order that *46the defendants were to make settlement before delivery, by giving their promissory notes for the purchase price of the machine. The machine was to be shipped to Washington Mills from Davenport, Iowa, but the order does not name the consignee. The order contains this provision : “Settlement to be left in the hands of A. L. Gross, Washington…

2Cases cited1 opinion

  1. McClung v. KelleySupreme Court of Iowa · 1866

3Cited by5 opinions

  1. Loxtercamp v. Lininger Implement Co.Supreme Court of Iowa · 1910
  2. Parsons Band Cutter & Self Feeder Co. v. MallingerSupreme Court of Iowa · 1904
  3. B. F. Sturtevant Co. v. LeMars Gas Co.Supreme Court of Iowa · 1920
  4. George E. Pew Co. v. KarleySupreme Court of Iowa · 1912
  5. American Player Piano Co. v. American Pneumatic Action Co.Supreme Court of Iowa · 1915

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