D. A. Enslow & Son v. Ennis
Supreme Court of Iowa
'Appeal from Wapello District Court. — Hon. D. M. Anderson, Judge. 'Action to recover the purchase price of certain marble sold and delivered to defendant under an oral contract. The defendant admitted the making of the contract and the delivery of the marble, but by way of counterclaim asked damages on account of delay in furnishing the marble and for negligence in the manner of laying it in the building for which it was intended.
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'Appeal from Wapello District Court. — Hon. D. M. Anderson, Judge. 'Action to recover the purchase price of certain marble sold and delivered to defendant under an oral contract. The defendant admitted the making of the contract and the delivery of the marble, but by way of counterclaim asked damages on account of delay in furnishing the marble and for negligence in the manner of laying it in the building for which it was intended. There was a verdict for plaintiff in the amount of the claim, and from judgment thereon the defendant appeals.
1Opinion of the Court
McClain, O. J.
The sole controversy in the case was on the question of the liability of plaintiff for delay in furnishing the marble and. for laying it in a defective manner. Many alleged errors are relied upon for reversal, but they may be divided into three groups, relating, first, to rulings in the admission of evidence; second, the giving of instructions; and, third, the trial of the ease and the rendition of judgment on the theory that the action was in effect brought and prosecuted by D. A. Enslow as an individual.
I. Many of the errors, formally assigned as to the admission of evidence…
2Cases cited1 opinion
- F. Hartkemeyer & Co. v. GriffithSupreme Court of Iowa · 1909
3Cited by5 opinions
- Thune Ex Rel. Thune v. Hokah Cheese Co.Supreme Court of Iowa · 1967
- Swanson Automobile Co. v. StoneSupreme Court of Iowa · 1919
- Banks v. CarrellSupreme Court of Iowa · 1950
- Keeling v. PriebeSupreme Court of Iowa · 1934
- Pickering v. URBANTUS, LLCDistrict Court, S.D. Iowa · 2011