Beymer v. McBride
Supreme Court of Iowa
Appeal from Union District Oowrt. Friday, September 19. The original petition and the amendment thereto in substance state that about the 18th day of July, 1870, the defendant, representing himself as the owner of an agricultural warehouse in Afton, as the successor of W. H. McBride, and as such owning and controlling certain goods and agricultural implements in said town, and representing that he was general agent, and had power to appoint agencies and manage the sale of…
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Appeal from Union District Oowrt. Friday, September 19. The original petition and the amendment thereto in substance state that about the 18th day of July, 1870, the defendant, representing himself as the owner of an agricultural warehouse in Afton, as the successor of W. H. McBride, and as such owning and controlling certain goods and agricultural implements in said town, and representing that he was general agent, and had power to appoint agencies and manage the sale of the Buckeye reaper and mower, the Pitt’s threshing machine, and a large amount of wagons and other agricultural implements…
1Opinion of the CourtDay, J.
I. There was evidence tending to show, and the jury returned as their special verdict that defendant, at the date of the contract, turned over and delivered to plaintiff all of the machinery, orders and property which he agreed to deliver to him.
*117The evidence shows that the threshers and other machines were delivered to plaintiff on the evening of the 18th of July.
On the 20th of July, Livenbarger and Patterson, general agents of Aultman, Miller & Co., took away some of the machinery and put it in possession of Thornton about 100 yards from the place in which plaintiff was doing business.
On the…
2Cases cited1 opinion
- Mather v. Butler CountySupreme Court of Iowa · 1869
3Cited by5 opinions
- Hasbrouck & McCulloch v. Western Union Telegraph Co.Supreme Court of Iowa · 1899
- Chisholm v. Preferred Bankers' Life Assurance Co.Michigan Supreme Court · 1897
- Kimball Bros. v. Citizens Gas & Electric Co.Supreme Court of Iowa · 1908
- Ramsey v. Perth Amboy Shipbuilding & Engineering Co.New Jersey Court of Chancery · 1906
- Romero v. RomeroNew Mexico Supreme Court · 1924