Butterick Publishing Co. v. Bailey
Supreme Court of Iowa
Appeal from Dallas District Court. — Hon. J. H. Apple-gate, Judge. The plaintiff and defendant executed the following agreement in writing: “Articles of Agreement between the Butterick Publishing Co., Limited, and C, JD. Bailey, of Adel, Iowa.
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Appeal from Dallas District Court. — Hon. J. H. Apple-gate, Judge. The plaintiff and defendant executed the following agreement in writing: “Articles of Agreement between the Butterick Publishing Co., Limited, and C, JD. Bailey, of Adel, Iowa. This agreement, made this 24th day of April, 1894, between the Butterick Publishing Co., Limited, of the first part, and G. I). Bailey, of the second part, witnesseth: That the said Butterick Publishing Co., Limited, for the consideration hereinafter mentioned, agree to grant, and do' hereby grant, to the party of the second part, the right to act as…
1Opinion of the CourtGranger, J.
*3321 *331— I. Noticing first the demurrer to the petition, appellant states the questions to be considered as follows; '“(1) Whether the contract set out *332in the petition expresses or implies .a sale of goods to Mr. Bailey. (2) Whether any contingency has happened that renders Mr. Bailey liable to pay plaintiff any sum on account of the goods.” A significant feature of the contract is this: That throughout its provisions there are none that justify a conclusion that the patterns are to be taken by defendant, and sold, and the proceeds of the sales to be accounted for to the plaintiff. The agreement…
2Cases cited4 opinions
- Young v. . LearyNew York Court of Appeals · 1892
- Seevers v. GabelSupreme Court of Iowa · 1895
- Willis Norton & Co. v. MelickSupreme Court of Iowa · 1896
- Warder, Mitchell & Co. v. Hoover & Co.Supreme Court of Iowa · 1879