Farr v. John
Supreme Court of Iowa
Appeal from Henry Disi/riet Court. Action of replevin for a sledge hammer. The plaintiff advertised in large and attractive bills a “ great sale of farm, farm stock, farming implements and household goods,” enumerating work horses, stallions, brood mares, colts, oxen, cows, young cattle, hogs, wagons, buggy, reaper, mower, harness, grain, hay, etc.
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Appeal from Henry Disi/riet Court. Action of replevin for a sledge hammer. The plaintiff advertised in large and attractive bills a “ great sale of farm, farm stock, farming implements and household goods,” enumerating work horses, stallions, brood mares, colts, oxen, cows, young cattle, hogs, wagons, buggy, reaper, mower, harness, grain, hay, etc. At the sale, which, began about ten o’clock, the plaintiff only offered articles of very small value, and those hot in lots, but separately, such as a brace by itself, and each bit separately, and the like. The defendant and others in concert with…
1Opinion of the CourtOole, J.
Ammon: limibla by ab-ld: sentee. The defendant asked the court to instruct the jury, in substance, that if the plaintiff did advertise largely as shown by the bill or poster, and .at the sale only offered trifling articles, and that defendant bid the highest on the hammer and took possession of it at the close of the sale, as, was customary, and tendered the price bid by him for it, then the title to the hammer was vested in the defendant.
The court refused to give the instructions as asked, but instructed the jury that if the plaintiff’s auctioneer announced publicly and in the hearing of…
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