Durant v. Fish
Supreme Court of Iowa
Appeal from Linn District Court. Plaintiffs, who are commission merchants of Salt Lake City, brought this action to recover for a balance due from defendant on account of advances made by them upon a quantity of butter, chickens, and eggs consigned to them, or received by them for sale. The proceeds of the sale of the consignment, after paying expenses and charges, did not equal the advances made thereon by plaintiffs; the action is to recover the balance.
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Appeal from Linn District Court. Plaintiffs, who are commission merchants of Salt Lake City, brought this action to recover for a balance due from defendant on account of advances made by them upon a quantity of butter, chickens, and eggs consigned to them, or received by them for sale. The proceeds of the sale of the consignment, after paying expenses and charges, did not equal the advances made thereon by plaintiffs; the action is to recover the balance. It is alleged in the petition that the goods were unsound and not merchantable, and, for that reason, were sold for less than the expected…
1Opinion of the CourtBeck, J.
Tlie defendant accompanied tbe consignment of goods which was transported from this state by railroad to Salt Lake City. After reaching its destination plaintiffs made the advancement thereon, for which defendant executed the following receipt.
“Salt Laee City, Utah, Dec. 7, 1872.
Received of Durant & Cutting $2,390, advanced on the following produce: 117 barrels of eggs, 12 tubs of butter, 6 kegs of butter, 3 barrels of chickens, left with them to be sold to the best advantage of the market. ¥m. B. Fish.”
There was evidence tending to show that'before the execution of this receipt a person,…
2Cited by3 opinions
- M. M. Walker Co. v. Dubuque Fruit & Produce Co.Supreme Court of Iowa · 1901
- Kempe v. BennettSupreme Court of Iowa · 1907
- Blanchard v. Elmer Wood Co.Supreme Court of Iowa · 1927