Iowa Brick Mfg. Co. v. Herrick
Supreme Court of Iowa
Appeal from Polk District Court.— HoN. W. H. McHenry, Judge. This suit was brought to recover the agreed price for brick sold and delivered to the defendant, Herrick, under a written contract. In a counterclaim Herrick alleged a breach of the contract, and asked damages for a failure-to deliver brick as agreed therein. There was a trial to a jury, and a verdict for the plaintiff for the amount of’ its claim less the damages found due the defendant on his counterclaim.
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Appeal from Polk District Court.— HoN. W. H. McHenry, Judge. This suit was brought to recover the agreed price for brick sold and delivered to the defendant, Herrick, under a written contract. In a counterclaim Herrick alleged a breach of the contract, and asked damages for a failure-to deliver brick as agreed therein. There was a trial to a jury, and a verdict for the plaintiff for the amount of’ its claim less the damages found due the defendant on his counterclaim. Both parties appeal. The defendant will, be designated the appellant.- —
1Opinion of the Court
SherwiN, C. J.—
1. Contracts: severabiiity. The plaintiff undertook to furnish the defendant during the season of 1902, sidewalk brick óf a specified kind and quality, which were to be delivered at such times and places as should be designated by the defendant; and the defendant agreed to pay therefor $9.15 per thousand. The brick delivered in April were to be paid for in cash on the 1st day of July, those delivered in May were to be paid for on.the 1st day of August, and payments were to be made on the 1st -day of each succeeding month thereafter during the life of the contract. The appellant…
2Cases cited7 opinions
- Richmond v. Dubuque & Sioux City R. R.Supreme Court of Iowa · 1871
- Kearney Milling & Elevator Co. v. Union Pacific Railway Co.Supreme Court of Iowa · 1896
- Manville v. Western Union Telegraph Co.Supreme Court of Iowa · 1873
- Osgood v. Bauder & Co.Supreme Court of Iowa · 1888
- Myer v. Wheeler & Co.Supreme Court of Iowa · 1884
2 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- Snouffer & Ford v. City of TiptonSupreme Court of Iowa · 1911
- Pickler v. LanphereSupreme Court of Iowa · 1929
- Gildner Bros. v. Ford Hopkins Co.Supreme Court of Iowa · 1944
- Tuttle-Chapman Coal Co. v. Coaldale Fuel Co.Supreme Court of Iowa · 1907
- C. L. Percival Co. v. SeaSupreme Court of Iowa · 1929
2 more not listed; retrieve them via the Exa API.