Alpha Checkrower Co. v. David Bradley & Co.
Supreme Court of Iowa
Appeal from Pottawattamie District Court. — Hon. N. W. Macy, Judge. Action to recover two thousand, five hundred dollars balance claimed to be -due for one hundred and ninety-six “Better Way corncutters;” alleged to have been sold and -delivered by the plaintiff to the -defendant under a written contract -set out in the petition.
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Appeal from Pottawattamie District Court. — Hon. N. W. Macy, Judge. Action to recover two thousand, five hundred dollars balance claimed to be -due for one hundred and ninety-six “Better Way corncutters;” alleged to have been sold and -delivered by the plaintiff to the -defendant under a written contract -set out in the petition. The defendants -answered, -admitting the execution of the written contract -set out, the receipt of the corncutters, and denying every other allegation in the petition. For further defense, the defendant alleges that the corncutters- were not well made nor well…
1Opinion of the CourtGiven, J.
2 — I. Plaintiff brings this, action against the defendant, as purchaser of the corncutters, under this contract. Defendant contends, that he received the corn cutters' as agent for plaintiff, but insists that, as to, this, case, it is immaterial whether he received them an agent or purchaser. We think the questions discussed involve a construction of the contract in this respect. The contract, after designating the plaintiff as party of the first part, and defendant a.s party of the second part,.provides as follows: “That for one dollar in hand paid, and other valuable- considerations,…
2Cases cited3 opinions
- Blackmore v. Fairbanks, Morse & Co.Supreme Court of Iowa · 1890
- Mack v. Drummond Tobacco Co.Nebraska Supreme Court · 1896
- King v. GottschalkSupreme Court of Iowa · 1866
3Cited by32 opinions
- C & J Fertilizer, Inc. v. Allied Mutual Insurance Co.Supreme Court of Iowa · 1975
- State Farm Mutual Automobile Insurance v. Anderson-Weber, Inc.Supreme Court of Iowa · 1961
- Grupe v. GlickCalifornia Supreme Court · 1945
- Davis Calyx Drill Co. v. MalloryCourt of Appeals for the Eighth Circuit · 1905
- Howland v. Iron Fireman Manufacturing Co.Oregon Supreme Court · 1949
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