Irons v. Kentner
Supreme Court of Iowa
Appeal from Tama Circuit Cowrt. On the 24th day of August, 1872, the plaintiff and one T. K. Armstrong were the joint owners of one hundred and forty-nine bushels of wheat. On that day they delivered said wheat to the defendant, who was a dealer in grain, and used and operated a grain elevator at Tama City.
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Appeal from Tama Circuit Cowrt. On the 24th day of August, 1872, the plaintiff and one T. K. Armstrong were the joint owners of one hundred and forty-nine bushels of wheat. On that day they delivered said wheat to the defendant, who was a dealer in grain, and used and operated a grain elevator at Tama City. Upon receiving said wheat the defendant delivered to Armstrong and the plaintiff the following ticket or memorandum: “Tama City, August 24, 1872. “Bought of T. K. Armstrong, for C. II. Kentner, to be delivered at his elevator, according to sample, wheat No. 3, at owner’s risk as to fire.”…
1Opinion of the CourtRoti-irock, J.
i. BAiwrnuT: gram^wííre. houseman. — The question we are required to determine is whether the transaction between the contesting parties constituted a sale of the wheat or a mere bailment. The evidence shows that the wheat in question was not deposited in a common bin with other wheat, but that it was placed in a separate bin, where it remained unmixed with other grain until it was destroyed by fire. It further appears that no demand was made for the wheat by the plaintiff or Armstrong previous to the fire, but. that the defendant, by his agent, offered the plaintiff ninety-five cents per…
2Cases cited3 opinions
- Johnston v. BrowneSupreme Court of Iowa · 1873
- Nelson v. Brown, Doty & Co.Supreme Court of Iowa · 1876
- Marks v. Cass Co. Mill & Elevator Co.Supreme Court of Iowa · 1876
3Cited by6 opinions
- Rice v. NixonIndiana Supreme Court · 1884
- State v. . Colonial ClubSupreme Court of North Carolina · 1910
- Zurich General Accident & Liability Insurance Co., Ltd., of Zurich v. Safe-T-Kros Drug Co.Indiana Court of Appeals · 1930
- Arndt v. CrowellSupreme Court of Oklahoma · 1929
- Dean v. LammersWisconsin Supreme Court · 1885
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