Legal Opinion

Cash v. Hinkle

Supreme Court of Iowa

Decided June 17, 1873PublishedCited by 8 opinions

Appeal from Johnson Ci/rcwit Court. This is an action at law for damages for an alleged refusal of defendant to receive a lot of hogs according to a written contract between tbe parties. There was a jury trial, and a verdict and judgment for plaintiff. Defendant appeals.

1Opinion of the CourtMiller, J.

1. Cohiract: construction: evidence of custom. The contract, for the breach of which the action is brought, is embraced in two instruments of writing, one of which is signed by the plaintiff and the other by the defendant, and are as follows:

“ Jwnua/ry 28th, 1871.
“Bought this day of John Cash, sixty-five head of fat hogs, to weigh (225) two hundred and twenty-five pounds and over, no piggy sows, to be delivered at Iowa City, between the first and last of May next. Paid $302 on the contract.
“ William Hinkle.”
“ Jan. 28, 1871. Sold this day to William Hinkle, sixty-five head of fat hogs, to…

2Cases cited2 opinions

  1. Williams v. TriplettSupreme Court of Iowa · 1856
  2. Wlllmering v. McGaugheySupreme Court of Iowa · 1870

3Cited by8 opinions

  1. Hill v. City of GlenwoodSupreme Court of Iowa · 1904
  2. Tubbs v. Mechanics' InsuranceSupreme Court of Iowa · 1906
  3. Haney-Campbell Co. v. Preston Creamery Ass'nSupreme Court of Iowa · 1903
  4. Martin Steam-Feed Cooker Co. v. OliveSupreme Court of Iowa · 1891
  5. Healey v. TylerSupreme Court of Iowa · 1911

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