Benbow v. Soothsmith & Co.
Supreme Court of Iowa
Appeal from Lee District Court. — Hon. J. M. Casey, Judge. Action at law to recover upon an account for merchandise. There was a trial to the court without a jury, and judgment was rendered for the plaintiffs for the amount claimed. Defendants appeal.
1Opinion of the CourtRothrock, J.
— In 1887 the defendants, as contractors, built the substructure of a railroad bridge across the Mississippi river, at the city of Port Madison, for the Atchison, Topeka & Santa Pe Railroad Company. On the twenty-first day of March, 1887, they entered into a written contract with one T. A. Clark, by which Clark bound himself to quarry and deliver to the defendants a large quantity of stone, to be used in constructing said bridge. The evidence shows quite satisfactorily that Clark was without means or credit, and that his only resource for carrying on the work was the- anticipated payments to…
2Cited by6 opinions
- Harlan v. HarlanSupreme Court of Iowa · 1897
- Wightman v. Chicago & Northwestern Railway Co.Wisconsin Supreme Court · 1888
- Walker v. IrwinSupreme Court of Iowa · 1895
- Miller v. AdamsSupreme Court of Iowa · 1909
- Samuels Bros. v. FalwellSupreme Court of Iowa · 1933
1 more not listed; retrieve them via the Exa API.