McCormick v. Holbrook
Supreme Court of Iowa
Appeal from Trucas District Court. On the 7th day of August, 1865, defendant executed, in his own name, a written contract or order to the plaintiffs, which she sent to them, requesting that they would manufacture and ship to one Lester, at Eddyville, Iowa, for her use, by the 20th of the same month, one of their latest improved, light, two-wheeled mowers, to he paid for on the 1st day of August, 1866, at the price whieh such a mower would he selling for at that date.
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Appeal from Trucas District Court. On the 7th day of August, 1865, defendant executed, in his own name, a written contract or order to the plaintiffs, which she sent to them, requesting that they would manufacture and ship to one Lester, at Eddyville, Iowa, for her use, by the 20th of the same month, one of their latest improved, light, two-wheeled mowers, to he paid for on the 1st day of August, 1866, at the price whieh such a mower would he selling for at that date. The contract contained a warranty, to the effect that the machine should be an efficient mower, well built, and of good…
1Opinion of the Court
Lowe, Ch. J.
1. Husband and wife contract of wife. Under the assignment of errors, two points are made in argument by counsel for appellant, First, the invalidity of the contract sued upon, because, at the time it was executed by the defendant, she was a married woman. The evidence does establish this fact, but it also shows that she was the legal owner of the farm on which she and her husband lived; that she owned the personal property and stock thereon ; that two acres of hungarian grass was cut by the mower on her farm ; that her team at one time was seen working the machine; that her…
2Cases cited2 opinions
- Jones v. CrosthwaiteSupreme Court of Iowa · 1864
- Rodemeyer v. RodmanSupreme Court of Iowa · 1858
3Cited by12 opinions
- Hill v. City of GlenwoodSupreme Court of Iowa · 1904
- Deering v. BoyleSupreme Court of Kansas · 1871
- Spooner v. SpoonerSupreme Court of Iowa · 1943
- Chatterton v. YoungCourt of Appeals of Tennessee · 1877
- (PC) Bishop v. CamachoDistrict Court, E.D. California · 2020
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