American Oak Leather Co. v. Porter Bros.
Supreme Court of Iowa
Appeal from Wapello District Court. — Hon. W. D. Tisdale, Judge. Action, at law to recover the amount due on an account. The action was commenced in justice’s cornet. A demurrer to the answer, which contained a counterclaim, was sustained, and' judgment was rendered against the defendant as prayed. The proceedings were reviewed in the district court by writ of error and approved. The defendants appeal.
1Opinion of the CourtRobinson, J.
1 The questions we are required to determine are presented by a certificate of the trial judge. The certificate states that in January, 1893, the plaintiff orally agreed with the defendants to ship to them eighty rolls of leather, of which eight were to be sent each week until all were delivered. The only written evidence of the agreement which is essential to a determination of the questions *118certified is contained in two instruments, copies of wMcbi are as follows:
“American Oak Leather Co.: ■ 1-16 93.
5 rolls No. 1, Hd. stuff, 130 lbs.................. 23
5 135 23
10 140 23
5 B 130 21
5 66 135 21
5…
2Cases cited7 opinions
- Beckwith v. TalbotSupreme Court of the United States · 1877
- Grafton v. CummingsSupreme Court of the United States · 1879
- McCormick Harvesting Machine Co. v. RichardsonSupreme Court of Iowa · 1893
- Myers v. MunsonSupreme Court of Iowa · 1884
- Vaughn v. Smith & Co.Supreme Court of Iowa · 1882
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3Cited by10 opinions
- Devoe v. AtkinsonSupreme Court of Iowa · 1901
- McMinimee v. McMinimeeSupreme Court of Iowa · 1947
- Frazer v. AndrewsSupreme Court of Iowa · 1907
- Lynn v. RichardsonSupreme Court of Iowa · 1911
- Midland Steel Sales Co. v. Waterloo Gasoline Engine Co.Court of Appeals for the Eighth Circuit · 1925
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