Latta v. Menching
Supreme Court of Iowa
Appeal from Harrison District Gowrt. — J. B. Rockafellow, Judge. Action for damages consequent on breach of contract. Defendant tendered the return of money paid in excess of the price of the corn taken. Jury was waived, and recovery for damages was denied, and judgment entered for the amount tendered. The plaintiff appeals.
1Opinion of the CourtLadd, C. J.
About April 11, 1917, the plaintiff called on the defendant to assess his property, and, in the course of their conversation, proposed to purchase his corn. After some parley, the price was fixed at $1.25 per bushel; plaintiff was to haul the corn in July; and it was to be weighed on Hanneman’s scales. Plaintiff handed defendant a check on the First National Bank of Missouri Valley, in words following:
“Missouri Valley, Iowa, April 11, 1917, No.--
“Pay to A. R. Mencliing, or order, $500.00
“Five Hundred no/100 Dollars,
“Part payment on corn at $1.25 per bushel to be weighed on Banneman’s scales…
2Cases cited5 opinions
- Welch v. SpiesSupreme Court of Iowa · 1897
- Sempel v. Northern Hardwood Lumber Co.Supreme Court of Iowa · 1909
- Courtright v. LeonardSupreme Court of Iowa · 1860
- Rhynas v. KeckSupreme Court of Iowa · 1917
- First National Bank v. RenoSupreme Court of Iowa · 1887
3Cited by3 opinions
- Rotterman v. General Mills, Inc.Supreme Court of Iowa · 1953
- Cownie v. Local Board of ReviewSupreme Court of Iowa · 1944
- Madden v. EldridgeSupreme Court of Iowa · 1930