Legal Opinion

Farnsworth v. Crabb

Supreme Court of Iowa

Decided November 23, 1916PublishedCited by 4 opinions

Appeal from Fayette District Court — W. J. Springer, Judge. Plaintiff brought action in justice court against defendant, to recover the balance of the purchase price of a planing machine, claiming that there was due him the sum of $78, with interest from December 16, 3913. Defendant answered, denying plaintiff’s claim, and pleaded a counterclaim growing out of the transaction, amounting to $110. A reply was filed to the counterclaim, and, on the issues joined, the ease-was…

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Appeal from Fayette District Court — W. J. Springer, Judge. Plaintiff brought action in justice court against defendant, to recover the balance of the purchase price of a planing machine, claiming that there was due him the sum of $78, with interest from December 16, 3913. Defendant answered, denying plaintiff’s claim, and pleaded a counterclaim growing out of the transaction, amounting to $110. A reply was filed to the counterclaim, and, on the issues joined, the ease-was tried, resulting in a judgment against the plaintiff. Plaintiff appealed to the district court, and there was permitted…

1Opinion of the CourtDeemeh, J.

1- counterclaim: ureTo'introduce evidence: motion for directed verdict. Plaintiff’s claim was for less than $100. The defendant filed a counterclaim for $110, growing out of the sale of the planer; but, on the trial in the district court, he introduced no testhnony in support thereof, and was content to' simply defeat plaintiff on his claim. By standing on his motion to direct a verdict on the issues joined, ^ ^ he waived his counterclaim, and could not thereafter prosecute the same. But, assuming that he might do this, for the purpose of argument, we still have the question: ITow much is…

2Cases cited6 opinions

  1. Cooper v. DillonSupreme Court of Iowa · 1881
  2. Kurtz v. HoffmanSupreme Court of Iowa · 1884
  3. Nash v. BeckmanSupreme Court of Iowa · 1892
  4. Buckland v. Shephard & Co.Supreme Court of Iowa · 1889
  5. Hiatt v. NelsonSupreme Court of Iowa · 1896

1 more not listed; retrieve them via the Exa API.

3Cited by4 opinions

  1. Benttine v. Jenkins Truck Lines, Inc.Supreme Court of Iowa · 1970
  2. Stark v. L. Ginsberg & SonsSupreme Court of Iowa · 1945
  3. Davis v. RobinsonSupreme Court of Iowa · 1925
  4. Liberty Loan Corporation of Dubuque v. FassbinderSupreme Court of Iowa · 1970

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