Prior v. Schmeiser
Supreme Court of Iowa
Appeal from Glayton District Court. — Hon. L. E. Fellows, Judge. Action to recover upon a contract, whereby plaintiff agreed to furnish and place a monument, as specified, for the defendants, in the cemetery at Council Hill, Iowa, for three hundred dollars. Defendant’s admit the contract, and that a monument was furnished and placed, but deny that it is such as is called for by the contract. Verdict and judgment were rendered in favor of the plaintiff. Defendants appeal.—
1Opinion of the CourtGiven, J.
I. The part of the contract necessary to be noticed is as follows: “Bought of Ed. H. Prior, Postville, Iowa, one dark Quincy granite monument, design No. 785, dimensions as follows: B. Base 2-8x2. -gxl-S, 2nd base'2-0x2-0xl-2, die. 8-4xl-6xl-6, cap, *300the same as the cap on the Tapper monument. This monument to be made of the same kind of granite as Chas. Snell’s monument.” ' The only fault found by the defendants, in their answer, with the monument furnished and placed is “that the cap placed upon said monument is much smaller in dimensions and size, of less value, and of inferior workmanship…
2Cases cited3 opinions
- Tilley v. County of CookSupreme Court of the United States · 1881
- Des Moines & Denver Land & Tree Co. v. Polk County Homestead & Trust Co.Supreme Court of Iowa · 1890
- Eastern Granite Co. v. HeimSupreme Court of Iowa · 1894
3Cited by4 opinions
- Gorton v. BrothersSupreme Court of Iowa · 1911
- Golwitzer v. HummelSupreme Court of Iowa · 1925
- Miller v. GraySupreme Court of Iowa · 1928
- Pro Commercial LLC v. Mallory Fire Protection Services, Inc., and Western Surety CompanyCourt of Appeals of Iowa · 2016