W. E. Caldwell Co. v. Steckel & Son
Supreme Court of Iowa
Appeal from, Datois District Court. — Hon. M. A. Roberts, Judge. Action to recover the price of three cypress tanks; plaintiff claiming it was to be $30.45 each, and defendants that that sum was the price for all three. From judgment as prayed the defendants appeal.
1Opinion of the CourtLadd, J.
On the former appeal (135 Iowa, 117) ■the contract was adjudged to be ambiguous, and its meaning, whether a purchase of three tanks for $30.45 as claimed by defendant, or for that sum each as contended by plaintiff, to be a matter appropriate for the determination of the jury. That issue was submitted at the last trial; but in the fifth instruction, after directing the verdict to be returned in event the contract price was to be but $30.45 .for the three, the court added: “Unless the plaintiffs have also shown by the greater weight or preponderance of the evidence that the attention of the…
2Cases cited3 opinions
- Buehner ex rel. Buehner v. Creamery Package Manufacturing Co.Supreme Court of Iowa · 1904
- Harrington v. HubingerSupreme Court of Iowa · 1900
- W. E. Caldwell Co. v. Steckel & SonSupreme Court of Iowa · 1907
3Cited by3 opinions
- Johanik v. Des Moines Drug Co.Supreme Court of Iowa · 1945
- City of Albia v. StephensSupreme Court of Iowa · 1990
- Cochburn v. Hawkeye Commercial Men's Ass'nSupreme Court of Iowa · 1913