Legal Opinion

Western Silo Co. v. Gogerty

Supreme Court of Iowa

Decided March 21, 1919PublishedCited by 4 opinions

Appeal from Des Moines Municipal Court. — Eskil O. Carlson, Judge. Action for the purchase price of an ensilage cutter. The jury returned a verdict in favor of defendant by direction of the court.

1Opinion of the CourtStevens, J.

On September 10, 1917, defendant gave plaintiff a signed order for an ensilage cutter, with accessories, to be delivered “at once.” Defendant resided at Zeariñg, and the plaintiff has its place of business in the city of Des Moines, from which point the cutter was to be shipped. The cutter was delivered to the carrier on the 13th, left Des Moines on the 16th, and arrived at its destination on the 21st of September. It was consigned to the shipper; and bill of lading, together with a note for the purchase price, due in 30 days, was forwarded to the Farmers Bank at Zearing, endorsed to *the…

2Cases cited9 opinions

  1. First National Bank v. Mount Pleasant Milling Co.Supreme Court of Iowa · 1897
  2. Forcheimer & Co. v. StewartSupreme Court of Iowa · 1885
  3. Bamberger Bros. v. BurrowsSupreme Court of Iowa · 1910
  4. Merchants' National Bank of Ocala v. Citizens' State Bank of Council BluffsSupreme Court of Iowa · 1895
  5. George E. Pew Co. v. Karley & TitsenorSupreme Court of Iowa · 1914

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3Cited by4 opinions

  1. Cownie v. Local Board of ReviewSupreme Court of Iowa · 1944
  2. Durband v. NobleSupreme Court of Iowa · 1918
  3. Gill Equipment Co. v. KaufmanCourt of Appeals for the Fifth Circuit · 1952
  4. Goedeker v. Peter Kiewit Sons' Co.Nebraska Supreme Court · 1960

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