Jewett Lumber Co. v. Anderson Coal Co.
Supreme Court of Iowa
Appeal from Polk District Court. — W. H. McHenry, Judge. This is an action at law upon an account for lumber and cement. The defense was a general denial, plea of payment, plea of novation, plea of estoppel. The case was heard in the first instance by a referee, who found for the plaintiff for the full amount of its claim. The report of the referee was approved and confirmed in the district court, and judgment entered accordingly. The defendant appeals.
1Opinion of the CourtEvans, J.
The plaintiff corporation is a lumber dealer in Des Moines. The defendant corporation deals in coal mining and jobbing. Another corporation which figures .prominently-in the evidence is the B. B. Lumber Company, which was, at the time involved herein, a corporation engaged in the wholesale lumber trade. Practically all the stock of the Anderson Coal Company was owned in one family, known as the Evans Brothers. The same stockholders, together with a brother-in-law, Miller, owned practically all the stock in the B. B. Lumber Company. The plaintiff sold lumber and cement at retail to the…
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