Wlllmering v. McGaughey
Supreme Court of Iowa
Appeal from Washington District Oowrt. In the first count of his petition, the plaintiff states that, “ on or about the 28th day of February, 1868, he and the defendant entered into a written contract as follows: “ Muscatine, February 28, 1868. “ I have sold this day to Herman "Willmering fifty good, smooth hogs, no piggy sows in the lot, at six dollars ($6.50) per hundred pounds, average to be two hundred and fifty pounds, delivered at Washington, Iowa, at H. Willmering’s…
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Appeal from Washington District Oowrt. In the first count of his petition, the plaintiff states that, “ on or about the 28th day of February, 1868, he and the defendant entered into a written contract as follows: “ Muscatine, February 28, 1868. “ I have sold this day to Herman "Willmering fifty good, smooth hogs, no piggy sows in the lot, at six dollars ($6.50) per hundred pounds, average to be two hundred and fifty pounds, delivered at Washington, Iowa, at H. Willmering’s option, by giving ten (10) days’ notice at any time in June. Paid on contract fifty-three dollars ($53), the balance of…
1Opinion of the CourtMiller, J.
I. On the trial plaintiff’s counsel called “ H. Willmering, a competent witness, and offered to prove by him that the defendant was a dealer in stock, and understood the meaning of the phrases and terms used by men in that' peculiar business, and offered to prove further by him how such contracts were understood by stock dealers, to which class plaintiff and defendant belong. That by the said class of dealers, contracts written and worded as these, upon which suit was brought in this case, were understood as follows:
“ That, if the buyer did not declare his option or fix the time when the…
2Cases cited4 opinions
- Monongahela Navigation Co. v. CoonsSupreme Court of Pennsylvania · 1843
- Thompson v. SloanNew York Supreme Court · 1840
- Pilmer v. Branch of State BankSupreme Court of Iowa · 1864
- Brown v. Inhabitants of OrlandSupreme Judicial Court of Maine · 1853
3Cited by10 opinions
- Romans v. ShannonSupreme Court of Oklahoma · 1921
- Morrison v. HazzardTexas Supreme Court · 1906
- Tubbs v. Mechanics' InsuranceSupreme Court of Iowa · 1906
- Livesley v. StraussOregon Supreme Court · 1922
- North v. KizerIllinois Supreme Court · 1874
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