Babcock v. Meek
Supreme Court of Iowa
Appeal from Washington District Court. The petition, in substance, alleges that on the 16th day of February, 1876, plaintiff contracted with defendant, by parol, to purchase of him seventeen head of fat cattle, then on the • defendant’s farm in Washington county, for the sum of five hundred dollars; that defendant was to drive the cattle to the town of Washington and deliver them to the plaintiff; that he failed to drive the cattle to the place agreed upon, and hy writing…
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Appeal from Washington District Court. The petition, in substance, alleges that on the 16th day of February, 1876, plaintiff contracted with defendant, by parol, to purchase of him seventeen head of fat cattle, then on the • defendant’s farm in Washington county, for the sum of five hundred dollars; that defendant was to drive the cattle to the town of Washington and deliver them to the plaintiff; that he failed to drive the cattle to the place agreed upon, and hy writing notified plaintiff that he would not deliver them. Plaintiff claims damages in the sum of two hundred and fifty dollars.…
1Opinion of the CourtDay, J.
l. evxdence: statute1of frauds. Section 3663 of the Code provides that: “ Except when otherwise specially provided, no evidence of the contracts enumerated in the next succeeding section ^s- competent, unless it be in writing, and signed by the party charged or by his lawfully authorized *138agent.” It is conceded that the contract in question falls within the first subdivision of section 3664.
Sections 3666 and 3667 of the Code are as follows: “The above regulations, relating merely to the proof of contracts, do not prevent the enforcement of those which kre not denied in the pleadings, unless in…
2Cases cited1 opinion
- Newfield v. BlawnSupreme Court of Iowa · 1864
3Cited by5 opinions
- Powder River Live Stock Co. v. LambNebraska Supreme Court · 1893
- Burden v. KnightSupreme Court of Iowa · 1891
- Deitrick v. SinnottSupreme Court of Iowa · 1920
- Wiseman v. ThompsonSupreme Court of Iowa · 1895
- Clinton Sugar Refining Co. v. HorrasSupreme Court of Iowa · 1916