Schopp v. C. C. Taft & Co.
Supreme Court of Iowa
Appeal from, Polio District Gourt. — ITon. W. A. Spurrier, Judge. Action at law to recover the purchase price of certain strawberries sold and delivered to the defendants. Defendants admit the purchase, but plead that the berries were not of the character and quality ordered. They say that when delivered the berries were badly decayed, and were not worth to exceed the sum of one hundred and sixty dollars, which amount they tendered to the plaintiff, with costs of suit.
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Appeal from, Polio District Gourt. — ITon. W. A. Spurrier, Judge. Action at law to recover the purchase price of certain strawberries sold and delivered to the defendants. Defendants admit the purchase, but plead that the berries were not of the character and quality ordered. They say that when delivered the berries were badly decayed, and were not worth to exceed the sum of one hundred and sixty dollars, which amount they tendered to the plaintiff, with costs of suit. Defendants further aver that the plaintiff negligently and carelessly shipped the berries in a car partially filled with…
1Opinion of the Court
Deemer, O. J.
1 The trial court submitted tbe case to tbe jury on tbe issue of negligence, and refused an instruction asked by tbe'defendants in tbe following words: “If tbe contract was for a certain quality of berries, and you find tbat tbe berries were not of tbat quality wben loaded in St. Louis, tben defendants are not prevented, by reason of taking tbe berries from tbe car, from recovering sucb damages as resulted to tbe defendants from tbe fact tbat tbe berries were not of tbe quality ordered, or from tbe fact, if you find it to be a fact, tbat tbe berries were shipped with cabbage, and…
2Cases cited3 opinions
- Hirshhorn & Co. v. StewartSupreme Court of Iowa · 1878
- Allison v. VaughanSupreme Court of Iowa · 1875
- Mackey v. SwartzSupreme Court of Iowa · 1883
3Cited by8 opinions
- Coleman v. ColemanSupreme Court of Iowa · 1911
- Marengo Savings Bank v. KentSupreme Court of Iowa · 1907
- Minneapolis Selling Co. v. R. N. Cowin & Co.Supreme Court of Iowa · 1911
- Peterson v. Denny-Renton Clay & Coal Co.Washington Supreme Court · 1916
- A. Y. McDonald Co. v. MorrisonSupreme Court of Iowa · 1930
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