Barr v. Van Duyn
Supreme Court of Iowa
Appeal from Black Hawk Circuit Court. The petition of plaintiff alleges that he entered into a verbal agreement with defendant to take, drive and train his .horse during the seasons of 1875 and 1876, in consideration of which defendant agreed to furnish plaintiff with money to the extent of five hundred dollars, to enable him to enter said horse at county fairs and other races during said seasons, and to pay all actual disbursements necessary in traveling with said horse,…
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Appeal from Black Hawk Circuit Court. The petition of plaintiff alleges that he entered into a verbal agreement with defendant to take, drive and train his .horse during the seasons of 1875 and 1876, in consideration of which defendant agreed to furnish plaintiff with money to the extent of five hundred dollars, to enable him to enter said horse at county fairs and other races during said seasons, and to pay all actual disbursements necessary in traveling with said horse, including shoeing, keeping and other expenses; that plaintiff was to have as compensation for his services and keeping…
1Opinion of the CourtDay, J.
I. The plaintiff introduced evidence tending to establish a contract as set forth in his petition. The defendant introduced evidence tending to establish the contract set forth in the answer. It was also proved that defendant took the animal away about the time alleged.
The court gave the following instruction: “If the defendant, by the terms of the contract, reserved the right to retake possession of the horse whenever he-became dissatisfied with plaintiff ’s manner of training or caring for the horse, in such case defendant would have to show negligence or ill treatment of the horse by…
2Cited by5 opinions
- Thompson & Son v. BrownSupreme Court of Iowa · 1898
- Murphy v. WilliamsonSupreme Court of Iowa · 1917
- Winchester v. SippSupreme Court of Iowa · 1960
- Jepson v. ConnerSupreme Court of Iowa · 1930
- Wilmington v. BryanSupreme Court of North Carolina · 1906