Brigham & Co. v. Retelsdorf
Supreme Court of Iowa
Appeal from Mills District Court — Hon. A. B. Thornell, Judge. The plaintiffs are merchants in Massachusetts, and a salesman in their employ sold the defendant, in Iowa, several cases or packages of boots and shoes, for the aggregate price of $454.85; but the contents of each case or package was sold at a stated price per dozen, so that for each of such packages there was a separate and distinct price. The sale was made by sample.
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Appeal from Mills District Court — Hon. A. B. Thornell, Judge. The plaintiffs are merchants in Massachusetts, and a salesman in their employ sold the defendant, in Iowa, several cases or packages of boots and shoes, for the aggregate price of $454.85; but the contents of each case or package was sold at a stated price per dozen, so that for each of such packages there was a separate and distinct price. The sale was made by sample. Upon the receipt of the goods, the defendant claims to have ascertained that the goods in certain packages were not as good as, or were unlike, the samples…
1Opinion of the Court
Seevers, Ch. J.
I. The finding of the jury must be regarded as a settlement of several disputed questions. For instance, their finding settles, in defendant’s favor, that the goods were sold by sample, and that they did not correspond therewith. It is true, counsel for the plaintiff claim the verdict is not sustained by the evidence, but it clearly is, if the evidence introduced by the defendant can be credited. The evidence is conflicting, and the jury determined such conflict, in defendant’s favor, and we cannot interfere with such find-| ing, under the well-settled practice and rulings of…
2Cited by6 opinions
- Zen v. Koon ChanHawaii Supreme Court · 1923
- Casey v. Ballou Banking Co.Supreme Court of Iowa · 1896
- Feister v. KentSupreme Court of Iowa · 1894
- Penn v. SmithSupreme Court of Alabama · 1893
- Hamilton Buggy Co. v. Iowa Buggy Co.Supreme Court of Iowa · 1893
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