Milligan v. Davis
Supreme Court of Iowa
Appeal from Crawford Circuit Court. This action was brought against appellant, and Weidling & Evers, to recover damages for an alleged breach of warranty in the sale of a “Dexter threshing machine.”
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Appeal from Crawford Circuit Court. This action was brought against appellant, and Weidling & Evers, to recover damages for an alleged breach of warranty in the sale of a “Dexter threshing machine.” A demurrer of Weidling & Evers, on the ground of a misjoinder of parties, having been sustained, and the plaintiffs having elected to stand on the petition and amendments thereto, the appellant filed and pressed to hearing a motion to change the place of trial, on the ground that he was a resident of Scott county. This motion was overruled, and the defendant, Davis, alone appeals.
1Opinion of the CourtSeevers, J.
1. principal and agent: sale: venue. The appellant was served with notice of the pendency of this action in Scott county, and it is conceded he resides there, and that the action should have been brought in that county, unless section 2-585 *127of the Code authorizes it to be brought in the county of Crawford. Said section is as follows : “When a corporation, company or individual has an office or agency in any county for the transaction of business, any suits growing out of or connected with the business of that office or agency may be brought in the county where such office or agency is…
2Cases cited1 opinion
- Eadie, Guilford & Co. v. AshbaughSupreme Court of Iowa · 1876
3Cited by18 opinions
- Lake v. Western Silo Co.Supreme Court of Iowa · 1916
- Tuttle v. Nichols Poultry & Egg Co.Supreme Court of Iowa · 1949
- Zabron v. Cunard Steamship Co.Supreme Court of Iowa · 1911
- Murphy v. Albany Pecan Development Co.Supreme Court of Iowa · 1915
- Kabrick v. J. I. Case Threshing Machine Co.Supreme Court of Iowa · 1917
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