Des Moines & Denver Land & Tree Co. v. Polk County Homestead & Trust Co.
Supreme Court of Iowa
Appeal from Polls District Court. — Hon. Marges Kavanagii, Jr., Judge. An action to recover damages for an alleged wrongful refusal of the defendant to convey a certain lot to the plaintiff.
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Appeal from Polls District Court. — Hon. Marges Kavanagii, Jr., Judge. An action to recover damages for an alleged wrongful refusal of the defendant to convey a certain lot to the plaintiff. The plaintiff alleges that, in the spring of 1888, it contracted with the defendant to furnish and plant on the land of the defendant twelve hundred deciduous trees, ten or twelve feet tall, at the agreed price of one dollar, and two hundred evergreen trees, three to four feet tall, at one dollar and fifty cents each; and that, in payment therefor, the defendant agreed to convey to the plaintiff lots 21…
1Opinion of the CourtGiven, J.
I. Upon the trial the defendant objected to the plaintiff proving the acts and declarations of one i. contract: actso'fagent:: evidence. Howell, on the ground that- there was no evidence tending to show that Mr. Howell bad any authority to bind the defendant; which objections were overruled, and the ruling is assigned as error.
The evidence shows without controversy that Howell was secretary of the defendant company; tliat he was on the ground most of the time the trees were being delivered and set out; that he selected, from at least a part of the tree's brought to the ground, those to be…
2Cases cited4 opinions
- Thorp v. BradleySupreme Court of Iowa · 1888
- Hunt v. CoeSupreme Court of Iowa · 1863
- Cedar Falls & Minnesota R. R. v. RichSupreme Court of Iowa · 1871
- C., D. & M. R. Co. v. ScheweSupreme Court of Iowa · 1876
3Cited by6 opinions
- Scagel v. Chicago, Milwaukee & St. Paul Railway Co.Supreme Court of Iowa · 1891
- Acton v. Fargo & Moorhead Street Railway Co.North Dakota Supreme Court · 1910
- Miller v. GraySupreme Court of Iowa · 1928
- Prior v. SchmeiserSupreme Court of Iowa · 1896
- Old Settlers' Investment Co. v. Marshall Vinegar, Pickle & Soap Co.Supreme Court of Iowa · 1907
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