Legal Opinion

Thomas v. Hardsocg & Burton

Supreme Court of Iowa

Decided March 10, 1908PublishedCited by 1 opinion

Appeal from Wapello District Court.— Hon. E. W. Eichelberger, Judge. Action at law to recover tbe purchase price of two car loads of corn wbicb plaintiff alleges 'that he sold and delivered to Hardsocg & Burton) a firm composed of Martin Hardsocg and L. D. Burton. The said firm and the individual members thereof were made defendants. Trial was had to the court without the aid of a jury, resulting in judgment in favor of plaintiff against each of the defendants.

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Appeal from Wapello District Court.— Hon. E. W. Eichelberger, Judge. Action at law to recover tbe purchase price of two car loads of corn wbicb plaintiff alleges 'that he sold and delivered to Hardsocg & Burton) a firm composed of Martin Hardsocg and L. D. Burton. The said firm and the individual members thereof were made defendants. Trial was had to the court without the aid of a jury, resulting in judgment in favor of plaintiff against each of the defendants. The defendant Martin Hardsocg alone appeals.

1Opinion of the CourtBishop, J.

On January 1, 1903, the firm of Hardsoeg & Burton was organized to do a general live stock business. The agreement therefor was reduced to writing, and therein it is recited, among other things, that the partnership shall continue until January 1, 1905; that Burton shall manage the business, “ assuming complete control of all departments, and to furnish a sufficient amount of capital for the purchase of stock,” etc.; that Hardsoeg shall turn over to the partnership all farm and pasture lands owned by him in Wapello county, “ and to purchase such feeds as the second party (Burton) deems…

2Cases cited3 opinions

  1. Seekell v. FletcherSupreme Court of Iowa · 1880
  2. Barcroft, George & Co. v. HaworthSupreme Court of Iowa · 1870
  3. Baxter, Reed & Co. v. C. W. Rollins & Co.Supreme Court of Iowa · 1896

3Cited by1 opinion

  1. Gong v. ToyOregon Supreme Court · 1917

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