Howe Machine Co. v. Woolly
Supreme Court of Iowa
Appeal from Black Hawk District Court. On the 30th day of July, 1873, the defendant John N. Woolly entered into a written contract with plaintiff, agreeing as agent to devote his time to the sale of sewing machines for the plaintiff.
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Appeal from Black Hawk District Court. On the 30th day of July, 1873, the defendant John N. Woolly entered into a written contract with plaintiff, agreeing as agent to devote his time to the sale of sewing machines for the plaintiff. By said agreement he stipulated — First, to devote his entire time to the sale of - said machines; second, to follow the consignor’s general instructions and special direction in every particular relative to the sale of such machines; third, to render a detailed report of sale of each machine, and remit proceeds immediately; fourth, to make detailed statement of…
1Opinion of the CourtBothrock, J.
I. Counsel for appellants urge that the petition does not state a cause of action against Eliza Woolly so as to justify a foreclosure of the mortgage in question as against her, because the averment that the sales of machines were contrary to the instructions of plaintiff, without a statement of what such instructions were, is wholly nugatory as the basis for the claim made by plaintiff.
In answer to this and other objections which are urged to the petition it is sufficient to say that they are made for the first time in this court. It does not appear that any motion was made for a more…
2Cases cited3 opinions
- Ashcraft v. De ArmondSupreme Court of Iowa · 1876
- Sherwood v. SherwoodSupreme Court of Iowa · 1876
- Parmenter v. ElliottSupreme Court of Iowa · 1876
3Cited by4 opinions
- Puckett v. GuentherSupreme Court of Iowa · 1909
- State v. HowardSupreme Court of Iowa · 1932
- Klopp v. Chicago, Milwaukee & St. Paul Railway Co.Supreme Court of Iowa · 1912
- Hobart v. HobartSupreme Court of Iowa · 1879