Michigan Stove Co. v. A. H. Walker & Co.
Supreme Court of Iowa
Appeal from Polk District Court. — Hon. W. H. McHenry, Judge. Action to recover from the defendant the sum of $124.20 for goods sold and delivered by plaintiff to defendant. Kurtz, as trustee in bankruptcy of the Cochrane. Plumbing & Heating Company, by a petition of intervention asked judgment against Walker & Co. for the purchase price of the same goods, less any amount of indebtedness existing from Walker & Co. to the Cochrane Plumbing & Heating Company.
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Appeal from Polk District Court. — Hon. W. H. McHenry, Judge. Action to recover from the defendant the sum of $124.20 for goods sold and delivered by plaintiff to defendant. Kurtz, as trustee in bankruptcy of the Cochrane. Plumbing & Heating Company, by a petition of intervention asked judgment against Walker & Co. for the purchase price of the same goods, less any amount of indebtedness existing from Walker & Co. to the Cochrane Plumbing & Heating Company. The case was tried on a stipulation of facts, and judgment was rendered in favor of Kurtz as trustee against Walker & Co. for $58.38, and…
1Opinion of the CourtMcClain, J.
In February, 1909, plaintiff’s salesman visited various plumbers and dealers in hardware in Des Moines and took orders for specified quantities of Garland *365water heaters. The order taken .from the defendant was in the usual form, hut there was attached to it a memorandum in these words: . “These goods shipped at this price only upon condition that number sufficient -to obtain quantity discount is purchased by plumbers of city.” Similar orders were taken from other dealers. Subsequently the salesman of plaintiff agreed with each of the buyers who had given these orders that all the heaters…
2Cases cited4 opinions
- Cutting v. WhittemoreSupreme Court of New Hampshire · 1903
- Fidelity Loan & Trust Co. v. EnglebySupreme Court of Virginia · 1901
- Haubert v. MausshardtCalifornia Supreme Court · 1891
- Brown v. WagarAppellate Court of Illinois · 1903
3Cited by11 opinions
- Watt v. German Savings BankCourt of Appeals of Iowa · 1917
- Hall v. Wichita State Bank & Trust Co.Court of Appeals of Texas · 1923
- Martin v. Leeper Bros. Lumber Co.Supreme Court of Oklahoma · 1915
- Wade & Wade v. Central Broadcasting Co.Supreme Court of Iowa · 1939
- County of Lyon v. First National BankSupreme Court of Minnesota · 1926
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