Schaffer v. Hoch
Supreme Court of Iowa
Appeal from Jefferson District Court. — D. M. Anderson, Judge. Action of replevin by plaintiff of certain property bid off by the defendant at plaintiff’s public sale. At the close of the evidence, there was a directed verdict for the plaintiff, and the defendant has appealed.
1Opinion of the CourtEvans, J.
1. Sales: wrongful but irrevocable rescission. The facts immediately preceding the suing out of the writ of replevin, and upon which the respective rights of the parties rest, arose out of a public sale held by the plaintiff. The defendant was a bidder at the sale. He bid off five articles, as follows: one mare, $169; onemarej $161; one drill, $29; one harness, $7; fodder, $5.62.
The terms of the sale, as announced, were that a bankable note, due in 12 months, would be taken for all sums above $10, and that all sums of $10 or under must be paid in cash. One Wenger was the auctioneer, and Pauls…
2Cases cited1 opinion
- Gray Bros. v. OttoSupreme Court of Iowa · 1916
3Cited by1 opinion
- Benshoof v. ReeseSupreme Court of Iowa · 1959