Legal Opinion

Mills & Co. v. Collins

Supreme Court of Iowa

Decided October 21, 1885PublishedCited by 12 opinions

Appeal from Polk Circuit Court. Action upon a contract of purchase. The defendants pleaded that their signatures to the contract were procured by fraud, setting out in what the fraud consisted. The plaintiffs demurred to the answer, and the court overruled the demurrer. The plaintiffs electing to stand upon their demurrer, judgment was rendered against them for costs. They appeal.

1Opinion of the CourtAdams, J.

The contract sued on is in these words :

“ In consideration of the following goods, viz., eleven large state maps and eleven geographies, bought by us of Mills & Co., we agree to pay them at Des Moines; Iowa, one hundred and ten dollars on or before the first day of May, 1881, provided a majority of the following-named persons, John Ryan, T. J. Cowman, Andrew Collins, J. G. Cowman, John Hayes, ¥m. Danley, Thos. Kane, John Owens, J. E. Eleck, Ed. Churchill, John Worley, shall sign this agreement. Nevertheless, the issuance and delivery to Mills & Co. on or before the first day of May, 1881, a…

2Cited by12 opinions

Prescott v. BrownSupreme Court of Oklahoma · 1911
Hoon v. HoonSupreme Court of Iowa · 1905
Chisum v. HugginsSupreme Court of Oklahoma · 1916
Pease v. Citizens State BankSupreme Court of Iowa · 1929
In Re Estate of KesslerSupreme Court of Iowa · 1931

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