Partridge v. Wilsey
Supreme Court of Iowa
Appeal from the Lee District Court. ■ This is an action to recover damages. The petition alleges that the defendant, on or about the first day of' July, 1856, bargained for, and bought of‘ the plaintiff, and that he sold to him, a parcel of goods, at the price of $206 13, payable in six months, secured by note, with good indorser,’ and to be delivered to the defendant in the city of Keokuk,' Iowa — the said plaintiff being a merchant, doing business in the city of New York;…
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Appeal from the Lee District Court. ■ This is an action to recover damages. The petition alleges that the defendant, on or about the first day of' July, 1856, bargained for, and bought of‘ the plaintiff, and that he sold to him, a parcel of goods, at the price of $206 13, payable in six months, secured by note, with good indorser,’ and to be delivered to the defendant in the city of Keokuk,' Iowa — the said plaintiff being a merchant, doing business in the city of New York; that afterwards, the plaintiff whs ready and willing, and tendered the said goods to the said defendant, and requested…
1Opinion of the CourtStockton, J.
The statute provides that no evidence of any contract in relation to the sale of personal property, is competent, unless in writing, where no part of the property is delivered, and no part of the price is paid ; but that this rule does not apply, where the article of personal, property sold, is not, at the time of the contract, owned by the *461vendor, and ready for delivery, but labor, skill, or money are necessarily to be expended in producing or procuring the same. Code, sections 2409, 2411.
For the plaintiffs, reliance is placed upon the fact, that they were doing business in the city of New…
2Cited by6 opinions
- Barker v. Campbell-Ratcliff Land Co.Supreme Court of Oklahoma · 1917
- Brown v. AllenSupreme Court of Iowa · 1872
- Oppenheimer Bros. v. ElmoreSupreme Court of Iowa · 1899
- Mighell v. DoughertySupreme Court of Iowa · 1892
- Burnside & Co. v. Rawson & Co.Supreme Court of Iowa · 1873
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