Sturgeon v. Hock
Supreme Court of Iowa
Appeal from Fremont Oi/rcuit Gou/rt. Action at law. The petition alleges that plaintiff sold to one Dodson the stock pasture upon the farm cultivated by him in the year 1871, and Dodson sold it to. defendant. The contract under which it was sold required defendant to herd his cattle when turned into the field, so that they would not destroy the corn not gathered.
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Appeal from Fremont Oi/rcuit Gou/rt. Action at law. The petition alleges that plaintiff sold to one Dodson the stock pasture upon the farm cultivated by him in the year 1871, and Dodson sold it to. defendant. The contract under which it was sold required defendant to herd his cattle when turned into the field, so that they would not destroy the corn not gathered. Other allegations of the petition as to the terms of the sale need not be stated, as they are not involved in the point ruled in the opinion. The petition alleges that defendant did not herd his cattle when pasturing the field, etc.,…
1Opinion of the CourtBeck, J.
i. contract : damages. ’ I. The defendant, as applicable to the case made by the counter claim, asked the court to direct the jury that if no time was agreed upon when plaintiff was to remove his corn from the field, the law would require it to be done in a reasonable time, and if any damages resulted from the failure of plaintiff to remove it within a reasonable time, defendant was entitled to recover, upon his counter claim, the amount thereof. The instruction was . properly refused for the obvious reason that it contemplates a contract not set xip in the counter claim of the defendant upon…
2Cited by2 opinions
- Lewis v. BlountCourt of Appeals of Texas · 1911
- Schultz v. Ford Bros.Supreme Court of Iowa · 1906