Davenport v. Wells
Supreme Court of Iowa
Appeal from the Warren District Court. This case originated before a justice of tbe peace, and was taken to tbe District Court by appeal. Suit was brought on a due bill, payable in flour on tbe day of the date thereof. On tbe day of tbe date of tbe due bill, tbe flour was demanded, and a part was paid, and tbe then full price of tbe residue, was tendered by tbe defendant. Between that time and "tbe time of tbe commencement of this suit, flour rose in tbe market.
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Appeal from the Warren District Court. This case originated before a justice of tbe peace, and was taken to tbe District Court by appeal. Suit was brought on a due bill, payable in flour on tbe day of the date thereof. On tbe day of tbe date of tbe due bill, tbe flour was demanded, and a part was paid, and tbe then full price of tbe residue, was tendered by tbe defendant. Between that time and "tbe time of tbe commencement of this suit, flour rose in tbe market. Tbe defendant plead tbe tender, and brought the money into court. The court allowed tbe plaintiff tbe benefit of tbe rise in tbe…
1Opinion of the CourtIsbell, J.
No question is made here, as to the 'tender not having been kept good. Tbe only question is, was it sufficient in amount ? The price of tbe flour on the day it was due, was tbe just measure of tbe damage for failing to deliver it at that time. If suit bad been then brought, that *599price would bave been tbe amount of recovery. It was then tendered. Tbe plaintiff could bave taken tbe money, and gone into tbe market and procured tbe flour, if so disposed. His refusing tbe full satisfaction then offered, cannot aid him. Sucb contracts are entered into under tbe tacit understanding, implied from tbe…
2Cases cited1 opinion
- Douglass & Mandeville v. McAllisterSupreme Court of the United States · 1806
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- Bilbo v. HendersonSupreme Court of Iowa · 1866
- Jones v. DimmockCircuit Court of the 36th Circuit of Michigan · 1871
- Safely v. GilmoreSupreme Court of Iowa · 1866