Gardner v. Builders Material Co.
Supreme Court of Iowa
Appeal from Cedar Rapids Superior Court. — Atherton B. Clark, Judge. Action for the replevin of a cement mixer. Verdict and judgment for plaintiff. Defendant appeals. —
1Opinion of the CourtStevens, J.
— Both parties claim'title to the mixer by purchase from John Klepaeh. The transaction upon which plaintiff relies was prior to the execution of the bill of sale to defendant. Plaintiff claims that the mixer was delivered to it for trial, with the understanding that, if it proved satisfactory, it would be retained, and the purchase price, which was $135, paid by written order upon defendants.
Some time prior to the delivery of the mixer to plaintiff, the defendant became indebted to plaintiff in an amount more than sufficient to pay the order. After using the mixer for a time, plaintiff…
2Cases cited4 opinions
- Graham v. CourtrightSupreme Court of Iowa · 1917
- Gibbs v. Farmers' & Merchants' State BankSupreme Court of Iowa · 1904
- Hamilton v. Iowa City National BankSupreme Court of Iowa · 1875
- Litchfield v. HalliganSupreme Court of Iowa · 1878
3Cited by3 opinions
- Marx Truck Line, Inc. v. FredricksenSupreme Court of Iowa · 1967
- Wilson v. FindleySupreme Court of Iowa · 1937
- Chorpening v. NickersonSupreme Court of Iowa · 1937