Sapulpa Refining Co. v. Cedar Rapids Oil Co.
Supreme Court of Iowa
Appeal from Linn District Court. — F. 0. Ellison, Judge. Confessing the amount claimed by plaintiff, appellant, the defendant counterclaimed, setting up damages for breach of contract. On this counterclaim, the court directed a verdict for the claimant in $20,607.14. Plaintiff appeals. —
1Opinion of the CourtSalinger, J.
1' jury^question* arises' — I. To avoid the counterclaim, defendant urged that it owed nothing for breach of a contract confessedly entered into, because (a) that contract had been so modified or abrogated or substituted for as that it was not in existence to be breached; and (b) if that be not so, all claims for damages had been settled, and nothing was due, because there had been accord and satisfaction. If it can rightly be -held that, as matter of law, both avoidances are not well made, the action appealed from is right. If reasonable minds may differ on whether either avoidance is…
2Cases cited22 opinions
- City of Indianapolis v. KingsburyIndiana Supreme Court · 1884
- Lamar County v. ClementsTexas Supreme Court · 1878
- Grand Tower Co. v. PhillipsSupreme Court of the United States · 1874
- City National Bank of Columbus v. JordanSupreme Court of Iowa · 1908
- City of Columbus v. DahnIndiana Supreme Court · 1871
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3Cited by1 opinion
- Hochstetler v. GraberNorth Dakota Supreme Court · 1951