Wishard v. McNeil
Supreme Court of Iowa
Appeal from Pollc District Court. — Hon. Marcus Kavanagu, Judge. Plaintiff seeks to recover the price of a track scale alleged to have been sold to defendant. There was a judgment for plaintiff in default of an appearance to the merits of the case by defendant. Defendant filed a petition for a new trial, which was stricken from the files, and he now appeals.
1Opinion of the CourtRobinson, J.
The petition'of plaintiff contains two counts. The first alleges that in March, 1885, the Union Scale Company of Des Moines sold and delivered to defendant, at Seymour, Iowa,, one track scale for the agreed price of six hundred and fifteen dollars; that said price, with interest, is unpaid ; and that the claim therefor has been assigned to and is owned by plaintiff. The second alleges that defendant executed and delivered to the Union Scale Company an instrument as follows:
“The Western Union Fuel Co. President’s Office, Oskaloosa, Iowa. J. K. Graves, President; H. W. McNeil, Vice-President;…
2Cases cited1 opinion
- Cohol v. AllenSupreme Court of Iowa · 1873
3Cited by2 opinions
- Wishard v. McNeillSupreme Court of Iowa · 1892
- Jahr v. SteffenSupreme Court of Iowa · 1919