Legal Opinion

Swift & Co. v. Redhead

Supreme Court of Iowa

Decided July 1, 1909PublishedCited by 17 opinions

Appeal from Polh District Court. — Hon. Jesse A. Miller, Judge. On December 24, 1903, the defendant purchased of plaintiff, through its agent, Hugh Van Pelt, about eight tons of blood meal at the agreed price of $383.52,. The ■action was brought for this sum.

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Appeal from Polh District Court. — Hon. Jesse A. Miller, Judge. On December 24, 1903, the defendant purchased of plaintiff, through its agent, Hugh Van Pelt, about eight tons of blood meal at the agreed price of $383.52,. The ■action was brought for this sum. Por answer the defendant alleged: That the consideration had wholly failed, in that the so-called merchandise was a prepared form of the blood of domestic animals, represented by the plaintiff to be exceedingly valuable as a food for cattle, causing them to be and remain healthy and to rapidly take on fat and mature for market; that the…

1Opinion of the CourtLadd, J.

The defendant began feeding one hundred and forty three-year-old steers about December 1, 1903. They were grade short horns, polled Angus and Herefords, taken from the pasture in good condition. Lie began feeding them blood meal in the latter part of the month, up to which time the evidence tended to show they were thrifty and doing well. Thereafter, though well cared for, they scoured badly, and this continued as long as the meal was fed, which was about until the first of March, and thereupon the scouring ceased. According to the evidence, the cattle did not increase in weight to exceed…

2Cases cited15 opinions

  1. White v. . MillerNew York Court of Appeals · 1877
  2. Passinger v. . ThorburnNew York Court of Appeals · 1866
  3. Swain v. . SchieffelinNew York Court of Appeals · 1892
  4. Sweatland v. Ill. & Miss. Telegraph Co.Supreme Court of Iowa · 1869
  5. Conkling v. Standard Oil Co.Supreme Court of Iowa · 1908

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3Cited by17 opinions

  1. Poovey v. International Sugar Feed No. Two Co.Supreme Court of North Carolina · 1926
  2. Western Feed Co. v. HeidloffOregon Supreme Court · 1962
  3. Hoffer Oil Corporation v. CarpenterCourt of Appeals for the Tenth Circuit · 1929
  4. Crouch v. National Livestock Remedy Co.Supreme Court of Iowa · 1928
  5. Topeka Mill & Elevator Co. v. TriplettSupreme Court of Kansas · 1950

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