Osborne v. Ringland
Supreme Court of Iowa
Appeal from Boone District Court. — Hon. W. S. Kenyon, Judge. Action at law to recover tbe purchase price of certain binders, sold and delivered to the defendants. Defendants pleaded a rescission of the contract, and an offer to return tbe goods, based upon an agreement between them and plaintiff’s agent. The case was tried to a jury, resulting in a verdict and judgment for the defendants, and plaintiff appeals. — ■
1Opinion of the CourtD'eemer, C. J.
Defendants gave plaintiff an order for eight binders. The goods were delivered to them, but some question arose over the nature of the order, and an agent of plaintiff called upon them to adjust the matter. It is contended by defendants that this agent, in consideration of their giving him an order for other goods, agreed to receive seven of the binders back — one of them being sold-^and that they thereupon set apart the seven binders, and held them subject to plaintiff’s order. The making of this alleged agreement to receive back the binders and cancel the indebtedness therefor is denied by…
2Cases cited2 opinions
- State v. SanteeSupreme Court of Iowa · 1900
- Creager v. Johnson Bros.Supreme Court of Iowa · 1901
3Cited by2 opinions
- Watkins v. HagertyNebraska Supreme Court · 1920
- Albrook v. Western Union Telegraph Co.Supreme Court of Iowa · 1914