Crabtree v. Messersmith
Supreme Court of Iowa
Appeal from Polk District Court This suit was originally brought before a justice of the peace to recover the sum of one hundred and twehty-five dollars, as the contract price for a second-hand threshing machine. The written consent of the parties was filed with the justice, extending his jurisdiction to the amount involved in this case. (Revision, § 3880.) There is no controversy between the parties as to the fact of the sale or the price agreed to be paid.
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Appeal from Polk District Court This suit was originally brought before a justice of the peace to recover the sum of one hundred and twehty-five dollars, as the contract price for a second-hand threshing machine. The written consent of the parties was filed with the justice, extending his jurisdiction to the amount involved in this case. (Revision, § 3880.) There is no controversy between the parties as to the fact of the sale or the price agreed to be paid. The defendant claims that the contract of purchase was upon condition that the machine would do good work; that the plaintiffs agreed to…
1Opinion of the CourtCode, J.
i new conflict* of svidonco ' I. The first ground on which the new trial was claimed, was, that the verdict was against evidence. Where there is conflict of testimony, as in this case, and the verdict is not palpably against the * weight of evidence, an appellate court will not, as has been frequently held, interfere.
*1812. coiraeTbt^'aproperty. II. The first and second instructions given on motion of plaintiff, are objected to, on the ground that they improperly assume facts, and do not correctly state the issues made in the case. An examination of ^}ie pleadings and evidence has satisfied us…
2Cited by28 opinions
- Lake Shore & Michigan Southern Railway Co. v. RichardsIllinois Supreme Court · 1894
- Dingley v. OlerSupreme Court of the United States · 1886
- Sullivan v. McMillanSupreme Court of Florida · 1890
- O'Neill v. Supreme CouncilSupreme Court of New Jersey · 1904
- Oklahoma Vinegar Co. v. Carter & FordSupreme Court of Georgia · 1902
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