Schultz v. Farmers Elevator Co.
Supreme Court of Iowa
Appeal from Marshall District Court. — B. F. Cummings, Judge. Action at law to recover on an oral contract for the sale of 778 bushels of shelled com, at 73 cents a bushel. Trial to a jury and, at the close of the testimony, the court sustained a motion to direct a verdict for the defendant, and the plaintiff-appeals.
1Opinion of the CourtPreston, J.
Plaintiff' claims he sold defendant 778 bushels and 2 pounds of shelled com at the agreed price, of 73 cents a bushel, making a total of $567.96, on which he had *669been paid $459.02, leaving as due him $108.94, and the suit is to recover this balance. The delivery of that many .bushels of shelled corn is admitted by defendant, but its claim is that the corn was to grade No. 3, and it admits that it was to pay 73 cents a bushel if it did so grade. Defendant claims, also, that, if the corn would not grade No. 3, then it was to handle the corn for terminal price, less 8 cents for handling.…
2Cases cited8 opinions
- Fire Ins. Assn., Ltd. v. WickhamSupreme Court of the United States · 1891
- Greenlee v. MosnatSupreme Court of Iowa · 1902
- Beaver v. PorterSupreme Court of Iowa · 1905
- Sparks v. Spaulding Mfg. Co.Supreme Court of Iowa · 1913
- Ferguson v. Grand Lodge of Iowa Legion of HonorSupreme Court of Iowa · 1916
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3Cited by12 opinions
- Davis-Wood Lumber Co. v. Farnsworth & Co.Louisiana Court of Appeal · 1937
- Mayrath Company v. HelgesonSupreme Court of Iowa · 1966
- Kellogg v. Iowa State Traveling Men's Ass'nSupreme Court of Iowa · 1947
- Olson v. Wilson & Co.Supreme Court of Iowa · 1953
- Minnesota & Ontario Paper Co. v. Register & Tribune Co.Supreme Court of Iowa · 1928
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