Stevens v. Brown
Supreme Court of Iowa
Appeal from Montgomery Circuit Court. The defendant entered into a contract with the plaintiff, whereby he agreed to deliver to him seven hundred bushels of corn at twenty-five cents per bushel, and seventy dollars was paid by the plaintiff upon the contract in advance. This action is brought to recover upon the contract.
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Appeal from Montgomery Circuit Court. The defendant entered into a contract with the plaintiff, whereby he agreed to deliver to him seven hundred bushels of corn at twenty-five cents per bushel, and seventy dollars was paid by the plaintiff upon the contract in advance. This action is brought to recover upon the contract. The plaintiff avers in his petition that the defendant failed to deliver the corn or any part thereof, and that by such failure he sustained damage in the sum of $165. The defendant, for answer, denies the failure alleged, and avers that he delivered four hundred and…
1Opinion of the CourtAdams, J.
I. The court gave an instruction, in these words:
i. contract • rigiftof aciion party!in<luen1; “If the plaintiff has failed to show by a- preponderance of the evidence that the defendant failed and refused to comply with the contract, in whole or in part, he will not be entitled to recover.” The giving of this instruction is assigned as error.
There was evidence tending to show that defendant made no delivery of the corn, or any part thereof, but offered to *405deliver it in accordance with the contract, and that the plaintiff refused to receive it. The verdict is such as to afford ground for the…
2Cases cited1 opinion
- Reilly v. RinglandSupreme Court of Iowa · 1876
3Cited by3 opinions
- Clifton v. WillsonMontana Supreme Court · 1913
- Koenigs v. Chicago, Milwaukee & St. Paul Railway Co.Supreme Court of Iowa · 1895
- Thach v. DurhamSupreme Court of Colorado · 1949