Nelson v. Brown, Doty & Co.
Supreme Court of Iowa
Appeal from Tama District Court. The plaintiff claims as the assignee of seven contracts, executed by defendants, of one of which a copy is as follows: “Received of C. C. Cowell for Thompson in store for account and risk of C. C. Cowell, one hundred and eighty-three bushels No. 3 wheat, loss by fire, heating and the elements at owner’s risk. Wheat of equal test and value, but not the identical wheat, mav be returned.”
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Appeal from Tama District Court. The plaintiff claims as the assignee of seven contracts, executed by defendants, of one of which a copy is as follows: “Received of C. C. Cowell for Thompson in store for account and risk of C. C. Cowell, one hundred and eighty-three bushels No. 3 wheat, loss by fire, heating and the elements at owner’s risk. Wheat of equal test and value, but not the identical wheat, mav be returned.” The other six contracts are the same, except as to amount of wheat delivered, and the parties named as delivering the same. The petition alleges that defendants have failed and…
1Opinion of the CourtDay, J.
We have held that, where grain is deposited with a warehouseman with the understanding that he is to ship and sell it on his own account, and when the depositor desires to sell the warehouseman will pay the highest price or return a like quantity and quality, the transaction constitutes a sale, and the property passes to the warehouseman. Johnston v. Browne, 37 Iowa, 200.
i BAiruiENTsaie of grain. The contract in question provides that “ wheat of equal test and value, but not the identical wheat, maybe returned.” This clearly gives the warehouseman the right to disp0se 0f ■wheat deposited on…
2Cases cited3 opinions
- Young v. MilesWisconsin Supreme Court · 1866
- Johnston v. BrowneSupreme Court of Iowa · 1873
- Stearns v. RaymondWisconsin Supreme Court · 1870
3Cited by12 opinions
- Savage v. Salem Mills Co.Oregon Supreme Court · 1906
- Lyon v. LenonIndiana Supreme Court · 1886
- Rice v. NixonIndiana Supreme Court · 1884
- Ledyard v. HibbardMichigan Supreme Court · 1882
- State v. . Colonial ClubSupreme Court of North Carolina · 1910
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