Legal Opinion

Morris v. Merritt & Co.

Supreme Court of Iowa

Decided December 6, 1879PublishedCited by 16 opinions

Appeal from Polh Circuit Court. Action upon two written contracts between' plaintiff and W. H. Merritt & Co., wherein plaintiff undertook to deliver and the other parties to receive a large number of railroad ties. The petition alleges the failure and refusal of defendants to receive and pay for ties delivered by plaintiff, and other breaches of the contract. W. IT. Merritt and William Green are co-partners of the firm of W. IT. Merritt & Co. W. IT.

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Appeal from Polh Circuit Court. Action upon two written contracts between' plaintiff and W. H. Merritt & Co., wherein plaintiff undertook to deliver and the other parties to receive a large number of railroad ties. The petition alleges the failure and refusal of defendants to receive and pay for ties delivered by plaintiff, and other breaches of the contract. W. IT. Merritt and William Green are co-partners of the firm of W. IT. Merritt & Co. W. IT. Merritt pleaded an equitable defense to the action and upon his motion it was, against plaintiff’s objection, transferred to the chancery docket…

1Opinion of the Court

Beck, Ch. J.

— I. Wm. H. Merritt & Co. were sub-contractors for furnishing cross-ties to be used in the construction of the Continental railroad. They entered into two written contracts with plaintiff in which he undertook to furnish 150,-000 ties to be delivered along the line of the proposed railroad. The terms and conditions of these contracts need not bo set out. The petition alleges the’ delivery by plaintiff of 25,000 ties and his readiness and ability to fully perforin all obligations he assumed under the contract, and avers that defendants have failed and refused to pay for the ties…

2Cases cited4 opinions

  1. Byers v. RodabaughSupreme Court of Iowa · 1864
  2. Van Orman v. Spafford, Clarke & Co.Supreme Court of Iowa · 1864
  3. Kramer v. CongerSupreme Court of Iowa · 1864
  4. Hackett v. HighSupreme Court of Iowa · 1870

3Cited by16 opinions

  1. Awada v. Shuffle Master, Inc.Nevada Supreme Court · 2007
  2. Johnston & Son v. RobuckSupreme Court of Iowa · 1898
  3. Eller v. NewellSupreme Court of Iowa · 1913
  4. Ryman v. LynchSupreme Court of Iowa · 1889
  5. Twogood v. AlleeSupreme Court of Iowa · 1904

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