Shaffer v. Des Moines Coal & Hay Co.
Supreme Court of Iowa
Appeal from Polk District Court. — Hon. O. A. Bishop, Judge. Action for $238.53 on account of bay and straw sold defendants. The answer admitted the purchase at the prices stated, but alleged that delivery was to be made in Des Moines, and that freight charges to that point should be deducted.
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Appeal from Polk District Court. — Hon. O. A. Bishop, Judge. Action for $238.53 on account of bay and straw sold defendants. The answer admitted the purchase at the prices stated, but alleged that delivery was to be made in Des Moines, and that freight charges to that point should be deducted. The defendants also pleaded that a settlement was had June 6, 1901, at which $62.50 w.as found to be owing plaintiff; that $25 of this was paid at the time, and $13.09 subsequently for freight, which was included in the account; thab later $100 was sent plaintiff, of which $24.41 was in.payment of the…
1Opinion of the CourtLadd, J.
The plaintiff began shipping hay and straw from Marathon to the Des Moines Coal & Hay Company in November, 1900, and continued so to do at intervals until June 4, 1901. The pleadings raised no issue as to quality or price. They did put in issue whether the freight was to be paid by plaintiff. The evidence in his behalf tended to show that the hay was to be delivered on board of the cars at Marathon or Si'oux Bapids at the prices named, while the defendants denied that the subject of freights or place of delivery were mentioned prior to the latter part of December, 1900. They paid the freight…
2Cases cited13 opinions
- Viele v. Germania InsuranceSupreme Court of Iowa · 1868
- Preston v. WalkerSupreme Court of Iowa · 1868
- Smith, Twogood & Co. v. Coopers & ClarkeSupreme Court of Iowa · 1859
- Fountain v. WestSupreme Court of Iowa · 1867
- Ashworth v. GrubbsSupreme Court of Iowa · 1877
8 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- In Re Estate of CocklinSupreme Court of Iowa · 1942
- Exchange State Bank v. TaberIdaho Supreme Court · 1915
- City Bank of Mitchellville v. AlcornSupreme Court of Iowa · 1920
- O'Conner v. KleimanSupreme Court of Iowa · 1909
- McVay v. CarpeSupreme Court of Iowa · 1947
4 more not listed; retrieve them via the Exa API.