Sauser v. Kearney
Supreme Court of Iowa
Appeal from Dubuque District Court. — Hon. Robert Bonson, Judge. Action to recover $500 as the amount remaining due and unpaid, under a contract by which plaintiff sold a stock of lumber to defendant, and agreed not to engage in the lumber business in the town of Cascade, in competition with defendant, for the term of two years. On a trial to a jury there was a verdict for plaintiff, and from judgment on such verdict defendant appeals.
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Appeal from Dubuque District Court. — Hon. Robert Bonson, Judge. Action to recover $500 as the amount remaining due and unpaid, under a contract by which plaintiff sold a stock of lumber to defendant, and agreed not to engage in the lumber business in the town of Cascade, in competition with defendant, for the term of two years. On a trial to a jury there was a verdict for plaintiff, and from judgment on such verdict defendant appeals. Pending the appeal there has been a substitution of an administrator for the deceased plaintiff, but we shall allow the title of the action to remain as it was…
1Opinion of the CourtMcClain, J.
The evidence on the trial tended to show that in 1903 defendant was engaged in the lumber business in the town of Cascade, and plaintiff was taking steps to start a rival yard on a lot which he owned in that town, and’ had proceeded so far as to purchase a stock of lumber, a considerable portion of which had' arrived, and was in cars ready to be unloaded, while a few wagonloads had in fact been hauled to plaintiff’s lot. Defendant, having been advised of plaintiff’s purpose, undertook to make a sale of his business to plaintiff, but as a result of the negotiations it was agreed .that…
2Cases cited4 opinions
- Smalley v. GreeneSupreme Court of Iowa · 1879
- Swigert & Howard v. TildenSupreme Court of Iowa · 1903
- Marshalltown Stone Co. v. Des Moines Brick Manufacturing Co.Supreme Court of Iowa · 1901
- Norton v. PrestonSupreme Judicial Court of Maine · 1838
3Cited by5 opinions
- Haggin v. DerbySupreme Court of Iowa · 1930
- Witthauer v. WheelerSupreme Court of Iowa · 1914
- Collection & Investigation Bureau of Maryland, Inc. v. LinsleyCourt of Special Appeals of Maryland · 1977
- Haggin v. DerbySupreme Court of Iowa · 1930
- Read v. FergusonSupreme Court of Iowa · 1940