Peck v. Bonebright
Supreme Court of Iowa
Appeal from Hamilton District Court. — Hon. John L. Stevens, Judge. This is an action of replevin to recover a well-auger and a horse-power. The plaintiffs claimed to be the absolute owners of the property. The defendant, by his answer, claimed to be the owner by purchase from the plaintiffs. There was a trial by jury, which resulted in a verdict for the defendant. A motion for a new trial was sustained. From the order granting a new trial the defendant appeals.
1Opinion of the CourtRothrock, J.
— It appears from the evidence in the case that the plaintiffs are manufacturers of well-augers, at Storm Lake. On the twenty-seventh of August, 1884, they agreed to sell the defendant an auger for three hundred and eighty dollars. He was to pay fifty dollars in cash, and to give his promissory notes for the balance of the purchase money. The fifty-dollar cash payment was not paid, but a note was taken therefor, due in ten days. The auger was shipped to defendant at Webster City. He never at any time paid any of the purchase price of the property. The notes were, by agreement of the parties,…
2Cited by8 opinions
- Fiske v. LawtonSupreme Court of Minnesota · 1913
- Burdick v. GrimshawNew Jersey Court of Chancery · 1933
- Ashman v. MadiganNew Jersey Superior Court Appellate Division · 1956
- Harvey v. Pinkerton & WilsonSupreme Court of Iowa · 1897
- Phillips v. FrederickSupreme Court of Alabama · 1951
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