George, Weeks & Co. v. Swafford Bros.
Supreme Court of Iowa
Appeal from Cedar Rapids Superior Court. — How. John T. Stoneman, Judge. On the twenty-fifth day of March, 1887, the plaintiffs, A. B. G-eorge, Weeks & Co., filed their petition in this action, in which they alleged that on the thirty-first day of January, 1887, they sold and delivered to defendants, Swafford Bros, and others, merchandise, for prices amounting, in the aggregate, to $1,028.72, all of which was due and unpaid.
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Appeal from Cedar Rapids Superior Court. — How. John T. Stoneman, Judge. On the twenty-fifth day of March, 1887, the plaintiffs, A. B. G-eorge, Weeks & Co., filed their petition in this action, in which they alleged that on the thirty-first day of January, 1887, they sold and delivered to defendants, Swafford Bros, and others, merchandise, for prices amounting, in the aggregate, to $1,028.72, all of which was due and unpaid. A bill of particulars, showing the articles sold, and the price of each, was attached to the petition. To this defendants answered, denying indebtedness ; admitting that…
1Opinion of the CourtRobinson, J.
— Appellants insist that the notes and mortgage in question were delivered by them, and received by appellees, as an absolute payment, to the amount of eight hundred dollars. Appellees claim that they were received conditionally, to be credited to appellants if found to be satisfactory, otherwise to be returned ; that appellants had the right to return the goods when notified that the notes and mortgage were not satisfactory; and that, having failed to exercise that right, or make other arrangements for payment, they are liable for the agreed price of the goods.
1. Sale: conditional: failure…
2Cases cited5 opinions
- Hammond v. S. C. & P. R. Co.Supreme Court of Iowa · 1878
- Cook v. SmithSupreme Court of Iowa · 1880
- Lemke v. DaeglingWisconsin Supreme Court · 1881
- Haywood v. WoodsSupreme Court of Iowa · 1870
- Barbee v. HamiltonSupreme Court of Iowa · 1885
3Cited by11 opinions
- Miller v. StateWisconsin Supreme Court · 1909
- State v. HutchinsonSupreme Court of Iowa · 1895
- Shepard v. Chicago, Rock Island & Pacific Railway Co.Supreme Court of Iowa · 1889
- Pierce v. HeusinkveldSupreme Court of Iowa · 1944
- Turk v. CarnahanIndiana Court of Appeals · 1900
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