Hichhorn, Mack & Co. v. Bradley
Supreme Court of Iowa
Appeal from Dubuque District Court. — Hon. M. 0. Matthews, Judge. Action on account for cigars sold and delivered at. an agreed price. Defendant did not contest the indebtedness, but interposed a counterclaim for damages for breach of a contract by which, as he alleged, plaintiffs had agreed to give him the exclusive right to sell a certain brand of cigars within certain territory.
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Appeal from Dubuque District Court. — Hon. M. 0. Matthews, Judge. Action on account for cigars sold and delivered at. an agreed price. Defendant did not contest the indebtedness, but interposed a counterclaim for damages for breach of a contract by which, as he alleged, plaintiffs had agreed to give him the exclusive right to sell a certain brand of cigars within certain territory. The jury returned a verdict for defendant on his counter claim, and from the judgment thereon plaintiffs appeal.
1Opinion of the Court
MoOlain, J. —
It is alleged in defendant’s counterclaim, and there is evidence tending to show, that in January, 1891, defendant made an oral contract with one Glaspell, acting as plaintiffs’ agent, by which defendant acquired from plaintiffs the exclusive right to sell in certain territory in Iowa a brand of cigars known as the “Tom Moore,” manufactured by plaintiffs. In this contract it was contemplated and understood that defendant was to incur expense in introducing the cigar to the trade within the territory given to him, and it was agreed that plaintiffs should furnish such cigars of…
2Cases cited30 opinions
- United States v. BehanSupreme Court of the United States · 1884
- Wakeman v. Wheeler & Wilson Manufacturing Co.New York Court of Appeals · 1886
- Griffin v. . ColverNew York Court of Appeals · 1858
- Howard v. Stillwell & Bierce Manufacturing Co.Supreme Court of the United States · 1891
- Anvil Mining Co. v. HumbleSupreme Court of the United States · 1894
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3Cited by37 opinions
- Emerson v. Pacific Coast & Norway Packing Co.Supreme Court of Minnesota · 1905
- Lewis v. Minnesota Mutual Life InsuranceSupreme Court of Iowa · 1949
- Calkins v. F. W. Woolworth Co.Court of Appeals for the Eighth Circuit · 1928
- Bredemeier v. Pacific Supply Co.Oregon Supreme Court · 1913
- Rule v. McGregorSupreme Court of Iowa · 1902
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