Woods v. Miller & Co.
Supreme Court of Iowa
Appeal from Sioux Circuit Cou/rt. Action to recover for eight hundred and twenty-nine bushels of potatoes alleged to have been sold and shipped by plaintiffs to defendants. The defendants deny all liability upon the ground that the potatoes, as is alleged, were not shi]iped within the time required by the contract, and were not of the kind and character required by the contract, and were frozen by reason of the plaintiffs’ negligence before they were received.
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Appeal from Sioux Circuit Cou/rt. Action to recover for eight hundred and twenty-nine bushels of potatoes alleged to have been sold and shipped by plaintiffs to defendants. The defendants deny all liability upon the ground that the potatoes, as is alleged, were not shi]iped within the time required by the contract, and were not of the kind and character required by the contract, and were frozen by reason of the plaintiffs’ negligence before they were received. There was a trial by jury, and verdict and judgment were rendered lor plaintiffs. Defendants appeal.
1Opinion of the Court
Adams, Oh. J.
1. EVIDEKCE: telegraphic production of. — I. The plaintiffs were doing business at Sbeldon and the defendants at Le Mars. The contract was made by telegraph. The telegraph operator was “ ox o i J. subpoenaed and asked to produce the telegrams between the parties in relation to the contract in suit. To this, both the witness and the defendant objected, but the objection was overruled and the telegrams were introduced. The objection to the production and introduction of the telegrams was based upon section 1328 of the Code, which provides that any person employed in transmitting…
2Cases cited1 opinion
- Rindskoff Bros. v. BarrettSupreme Court of Iowa · 1862
3Cited by7 opinions
- Lewis v. HojerNew York Court of Common Pleas · 1891
- Bowser v. AtkinsonMissouri Court of Appeals · 1912
- Clauss Shear Co. v. Alabama Barber Supply Co.Alabama Court of Appeals · 1911
- In re StorrorDistrict Court, N.D. California · 1894
- Topeka Flour Mills Co. v. Sociedad Industrial "La Constancia, Inc.,"Supreme Court of Puerto Rico · 1929
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