Hartman Steel Co. v. E. Hoag & Son
Supreme Court of Iowa
Appeal from Delaware District Court. — Hon. J. J. Tolerton, Judge. Plaintiff brings this action to recover one thousand three hundred and fifty dollars and fifty-five cents, with interest, a balance alleged to be due on account for wire sold by the plaintiff to the defendants.
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Appeal from Delaware District Court. — Hon. J. J. Tolerton, Judge. Plaintiff brings this action to recover one thousand three hundred and fifty dollars and fifty-five cents, with interest, a balance alleged to be due on account for wire sold by the plaintiff to the defendants. Defendants ■answered as follows: “The defendants-, for answer to plaintiff’s petition on file herein, say tihiat -on or about the twenty-second day of September, 1888, they settled with the plaintiff, and paid the said plaintiff the balance due on the said account, upon which this action is founded.” Defendants, by way…
1Opinion of the CourtGiven, J.
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2 I. Appellants’ first complaint is of the ruling ef the court sustaining appellee’s motion to strike said second amendment to the answer. We think there was no error in the ruling. The averment of want of diligence on the part of plaintiff had already been sufficiently alleged, and, in so far as. it allege© ah offer 'by a third party of security to the plaintiff, it i's immaterial, for that the plaintiff was not bound to accept such offer. Defendants had no- right to rely upon the advice of plaintiff’s counsel as. to the legal sufficiency of the bill of sale, and such reliance upon Ms…
2Cases cited3 opinions
- Harbach v. ColvinSupreme Court of Iowa · 1887
- Dist. Twp. v. Ind. Dist.Supreme Court of Iowa · 1884
- Cedar Rapids & Mo. R. R. v. County of SacSupreme Court of Iowa · 1877
3Cited by3 opinions
- Starzec v. KidaSupreme Court of Connecticut · 1981
- Orwig v. Chicago, Rock Island & Pacific Railway Co.Supreme Court of Iowa · 1933
- Bond v. LotzSupreme Court of Iowa · 1932