Fleming v. Stearns
Supreme Court of Iowa
Appeal from Polk District Court. — Hon. Josiah Given, Judge. Action to recover an amount alleged to be due for' brick sold and delivered. There was a trial by jury and a verdict and judgment for plaintiff. The defendants appeal.
1Opinion of the CourtRojsinson, J.
The petition alleges that on or about the sixteenth day of October, 1883, the plaintiff sold and delivered to defendants forty-eight thousand, six hundred and forty-eight brick, for the agreed price of $6.75 per thousand, and that the amount for which they were sold is due and unpaid. The petition also alleges that the debt is due for property obtained under false pretenses, and demands a writ of attachment, which was issued.
Defendant D. N. Stearns denies the allegation of the petition, excepting he admits that he purchased of plaintiff, during the year 1883, as many brick as are charged for…
2Cases cited4 opinions
- Ross v. LoomisSupreme Court of Iowa · 1884
- Hammond v. WolfSupreme Court of Iowa · 1889
- McCarthy v. Watrous & Co.Supreme Court of Iowa · 1886
- Hunter v. Burlington, Cedar Rapids & Northern Railway Co.Supreme Court of Iowa · 1889
3Cited by11 opinions
- Winters v. WintersSupreme Court of Iowa · 1897
- State v. WelshSupreme Court of Iowa · 1899
- McBriety v. PhillipsCourt of Appeals of Maryland · 1942
- Barber v. ScottSupreme Court of Iowa · 1894
- Croddy v. Chicago, Rock Island & Pacific Railway Co.Supreme Court of Iowa · 1894
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