Coit & Co. v. Churchill & Co.
Supreme Court of Iowa
Appeal from Pottawattamie Circuit Court. Action to recover the value.of twenty kegs of mixed paint. Defendants' admit in their answer that the paint had been shipped to them by plaintiffs, but allege that they ordered two kegs only, and upon receipt of the goods, had notified plaintiffs'that they would not keep them, except to be disposed of upon the order of plaintiffs, and that they had paid for the two kegs ordered.
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Appeal from Pottawattamie Circuit Court. Action to recover the value.of twenty kegs of mixed paint. Defendants' admit in their answer that the paint had been shipped to them by plaintiffs, but allege that they ordered two kegs only, and upon receipt of the goods, had notified plaintiffs'that they would not keep them, except to be disposed of upon the order of plaintiffs, and that they had paid for the two kegs ordered. The defendants set up as a counter claim the value of the storage of the eighteen kegs after they were received by defendants. There was a verdict and judgment for defendants.…
1Opinion of the CourtPeck, J.
— I. The plaintiffs introduced in evidence a written order signed by defendants, purporting to direct the shipment to them by plaintiffs of twenty kegs of paint.- Thereupon defendants amended their answer, alleging that the order had been fraudulently altered, so as to read twenty kegs instead of two, by the addition of a cipher to the figure 2. Defendants were permitted to prove that the'order was made out by the traveling salesman of plaintiffs, and, when signed by defendants, did not contain the cipher following the figure 2, and that defendants in fact ordered but the two kegs, and never…
2Cases cited1 opinion
- Welch v. JugenheimerSupreme Court of Iowa · 1881
3Cited by10 opinions
- Laubheimer v. NaillCourt of Appeals of Maryland · 1898
- Burnette v. YoungSupreme Court of Virginia · 1907
- Hanchett v. GoetzAppellate Court of Illinois · 1888
- Dille v. LongwellSupreme Court of Iowa · 1924
- Ball v. MarquisSupreme Court of Iowa · 1904
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