Marks v. Cass Co. Mill & Elevator Co.
Supreme Court of Iowa
Appeal from Cass District Court. Action to recover the value of three hundred and sixty-one bushels of corn delivered by plaintiff to defendants. There was a verdict and judgment for plaintiff. Defendants appeal. The instrument in suit constitutes a contract of bailment, and parol evidence is not admissible to prove a sale.
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Appeal from Cass District Court. Action to recover the value of three hundred and sixty-one bushels of corn delivered by plaintiff to defendants. There was a verdict and judgment for plaintiff. Defendants appeal. The instrument in suit constitutes a contract of bailment, and parol evidence is not admissible to prove a sale. (Goodyear v. Ogden dk Pearl, 4 Hill, 104; Stapleton v. King, 33 Iowa, 28.) A written or express contract cannot be controlled or varied or contradicted by a custom, and evidence thereof is not competent to vary the written contract. (Ins. Co. v. Wright, 1 Wal., 456;…
1Opinion of the CourtBeck, J.
The plaintiff delivered at the elevator owned by defendants three hundred and sixty-one bushels of corn, and received twelve instruments of writing, each given upon the delivery of a part of the corn. They were all in the form of the' one of which the following is a copy, dates and quantities only being different:
Cass County Mill and Elevator Co., 1 January 5, 1875. f
“Beceived in store of C. E. Marks one load of corn, subject to storage. No. of bushels, 2,920. Norton, T.”
During the night after the day of delivery of the last load of corn the elevator was burned. The action is brought to…
2Cases cited2 opinions
- Barber v. BraceSupreme Court of Connecticut · 1819
- Cash v. HinkleSupreme Court of Iowa · 1873
3Cited by6 opinions
- Cohen v. JackoboiceMichigan Supreme Court · 1894
- Sexton v. GrahamSupreme Court of Iowa · 1880
- Hirsch v. Salem Mills Co.Oregon Supreme Court · 1902
- Healey v. TylerSupreme Court of Iowa · 1911
- Irons v. KentnerSupreme Court of Iowa · 1879
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