Legal Opinion

Hughes v. Stanley

Supreme Court of Iowa

Decided April 18, 1877PublishedCited by 6 opinions

Appeal from Marshall District Court. Action at law. The petition is in two counts. The first claims to recover for 303 5-6 bushels of wheat sold and delivered by Henry Hopkins to defendant at the market price, alleged to be $1.25 per bushel. It is expressly alleged that the contract of sale, was not in writing and that Hopkins transferred hi’s interest in the claim to plaintiff.

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Appeal from Marshall District Court. Action at law. The petition is in two counts. The first claims to recover for 303 5-6 bushels of wheat sold and delivered by Henry Hopkins to defendant at the market price, alleged to be $1.25 per bushel. It is expressly alleged that the contract of sale, was not in writing and that Hopkins transferred hi’s interest in the claim to plaintiff. The second count is as follows: “ In the month of May, 1872, and for six years prior and up to that date, defendant was a warehouseman and operating a warehouse in Marshalltown, Iowa. “ That it was the custom of…

1Opinion of the CourtBeck, J.

This cause was submitted by counsel at the June term, 1874. From an oversight of the clerk it was not entered upon our submission dockets and therefore did not come into the hands of the court, and of course no decision therein could be made. It did not reach us until the present term, when it was entered upon our dockets and submitted for decision of the court.

I. The first point of the case we shall consider, involves the correctness of the ruling of • the court upon plaintiff’s demurrer to defendant’s answer.

i. contbact: of^customf The first count of the petition sets up a verbal contract…

2Cases cited1 opinion

  1. Johnston v. BrowneSupreme Court of Iowa · 1873

3Cited by6 opinions

  1. Boggess v. HarrisTexas Supreme Court · 1897
  2. Sherwood v. Home Savings BankSupreme Court of Iowa · 1906
  3. Rotterman v. General Mills, Inc.Supreme Court of Iowa · 1953
  4. Milroy v. Chicago, Milwaukee & St. Paul Railway Co.Supreme Court of Iowa · 1896
  5. Eller v. LoomisSupreme Court of Iowa · 1898

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