Davidson Bros. v. Smith
Supreme Court of Iowa
Appeal from Hamilton District Court. — Hon. C. G. Lee, Judge. Action to recover balance due on account, for merchandise sold.
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Appeal from Hamilton District Court. — Hon. C. G. Lee, Judge. Action to recover balance due on account, for merchandise sold. Defendant pleaded by way of defense that he had refused to accept a portion of the merchandise as not complying with the contract of sale, which refusal had been acquiesced in by plaintiff, and also by way of separate defense that said merchandise had been sold with warranty, and that defendant had been damaged on account of the breach of warranty thereof, and asked that the damages for such breach of warranty be offset against the account, tendering the balance. There…
1Opinion of the CourtMcClain, J.
One item of the account on which plaintiff sued, and the only item as to which there is any controversy, was of $140 for a carload of watermelons sold to be delivered at Des Moines for transportation to defendant at Webster City. ' Defendant pleaded a refusal to accept the melons when they arrived at Webster City, on the ground that they were not in a salable condition, and the acquiescence by plaintiff in this refusal with direction to sell the melons on plaintiff’s account. As to this defense, the evidence was in conflict, and the jury specially found that the defendant did not receive the…
2Cases cited5 opinions
- Myer v. Wheeler & Co.Supreme Court of Iowa · 1884
- Laird v. ColeSupreme Court of Iowa · 1903
- Bruner v. Brotherhood of American YeomenSupreme Court of Iowa · 1907
- Thorson & Cassidy Co. v. BakerSupreme Court of Iowa · 1898
- Mallory Commission Co. v. ElwoodSupreme Court of Iowa · 1903
3Cited by6 opinions
- Rice v. Friend Bros.Supreme Court of Iowa · 1917
- Wilson v. Sunnyside Orchard Co.Idaho Supreme Court · 1921
- W. H. Hoopes & Sons v. F. H. Simpson Fruit Co.Supreme Court of Iowa · 1917
- Mendenhall v. KallemSupreme Court of Iowa · 1921
- In Re Estate of FlaugherSupreme Court of Iowa · 1942
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