Pleak v. Marks & Shields
Supreme Court of Iowa
Appeal from, Pottawattamie District Court at Avoca. — Hon. J. B. Rockafellow, Judge. Action at law, aided by an attachment, to recover the agreed price of certain personal property sold by plaintiff to the defendants. Motions for change of venue and for discharge of the attached property were filed and overruled. An answer including a counterclaim was filed. At the close of the evidence, the counterclaim was withdrawn without prejudice.
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Appeal from, Pottawattamie District Court at Avoca. — Hon. J. B. Rockafellow, Judge. Action at law, aided by an attachment, to recover the agreed price of certain personal property sold by plaintiff to the defendants. Motions for change of venue and for discharge of the attached property were filed and overruled. An answer including a counterclaim was filed. At the close of the evidence, the counterclaim was withdrawn without prejudice. The trial court thereupon ’ directed a verdict for the plaintiff. The defendants appeal.
1Opinion of the CourtEvans, J.
— The defendants, Marks & Shields, constituted a partnership. The members of the partnership resided in Council Bluffs. The partnership was engaged in the business of buying and selling horses and mules. On Saturday, January 4, 1913, Marks bought from the plaintiff for the partnership a span of horses and a span of mules for a lump sum of $662.50, and delivered the check of the partnership *553therefor. These animals were left in the possession of the plaintiff, who was to deliver them within a day or two at the livery barn of N. S. Gray at Oakland. They were thus delivered on the following day…
2Cited by10 opinions
- Fuller v. FriedNorth Dakota Supreme Court · 1928
- Lake v. Western Silo Co.Supreme Court of Iowa · 1916
- Americanized Finance Corporation v. YarbroughSupreme Court of Alabama · 1931
- Morey v. Standard Separator Co.Supreme Court of Iowa · 1916
- Western Mut. Fire Ins. Co. v. Lamson Bros. & Co.District Court, S.D. Iowa · 1941
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