Hirshhorn & Co. v. Stewart
Supreme Court of Iowa
Appeal from Dubuque Circuit Court. Action upon a promissory note. The cause was tried to the court without a jury, and judgment rendered for plaintiffs for the amount of a tender made by defendants. Plaintiffs appeal. The facts of the case are stated in the opinion.
1Opinion of the CourtBeck, J.
1. contract : vendor and vendee: waiver. I. The petition declares upon a promissory note dated August 1,1876. The answer alleges that the note was executed for certain cigars before ordered by defendants of plaintiffs, who are cigar makers, Tia© cigars were to be manufactured expressly for defendants, and were to be of a specified quality and size. In pursuance of this order the cigars were sent to and received by defendants, but they proved to be of an inferior quality, of which plaintiffs were notified, and the quantity remaining unsold in the hands of the defendants they offered to return.…
2Cited by14 opinions
- Oakland Sugar Mill Co. v. Fred W. Wolf Co.Court of Appeals for the Sixth Circuit · 1902
- Wind v. Iler & Co.Supreme Court of Iowa · 1895
- American Fruit Product Co. v. Davenport Vinegar & Pickling WorksSupreme Court of Iowa · 1915
- Carleton v. JenksCourt of Appeals for the Sixth Circuit · 1897
- Schopp v. C. C. Taft & Co.Supreme Court of Iowa · 1898
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