Cartan & Jeffrey v. Wm. Tackaberry Co.
Supreme Court of Iowa
Appeal from Woodbury District Court.— IIoN. ¥m. Hutchinson, Judge. ActioN to recover balance of account in the sum of $500. In connection with a general denial the’ defendant alleges the tender of and acceptance by plaintiffs of a sum in full settlement of the account, of which the $500 claimed formed a part, and also alleged by way of counterclaim an indebtedness of plaintiffs to defendants in the sum of $500 by way of damages.
Read the full summary
Appeal from Woodbury District Court.— IIoN. ¥m. Hutchinson, Judge. ActioN to recover balance of account in the sum of $500. In connection with a general denial the’ defendant alleges the tender of and acceptance by plaintiffs of a sum in full settlement of the account, of which the $500 claimed formed a part, and also alleged by way of counterclaim an indebtedness of plaintiffs to defendants in the sum of $500 by way of damages. A demurrer to defendant’s answer was sustained, and, on failure of defendant to plead further, judgment was rendered against it for the amount claimed. From this…
1Opinion of the CourtMcClain, J.
From the pleadings and exhibits attached it appears that in February, 1901, plaintiffs, who were engaged in the wholesale brokerage and commission business at Sioux City, conducting their business at that place through an agent named Morgan, had a valid account against the defendant company,' engaged in the wholesale grocery business at the same place, for merchandise furnished, which amounted, after the making of certain reductions which plaintiff consented to make, to $908.80, and were urging payment thereof. Defendant conceded the correctness of this account, but insisted that plaintiffs…
2Cases cited7 opinions
- Dunlap & Co. v. CodySupreme Court of Iowa · 1871
- Engbretson v. SeiberlingSupreme Court of Iowa · 1904
- Myers v. ByingtonSupreme Court of Iowa · 1872
- City of Burlington v. PalmerSupreme Court of Iowa · 1885
- Stoutenberg v. HuismanSupreme Court of Iowa · 1895
2 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- Ex Parte Southern Cotton Oil Co.Supreme Court of Alabama · 1922
- Sparks v. Spaulding Mfg. Co.Supreme Court of Iowa · 1913
- Shull v. McCrumSupreme Court of Iowa · 1917
- Broyles v. Mahaska CountySupreme Court of Iowa · 1931
- McKinnon v. HoldenNebraska Supreme Court · 1909