Fred Miller Brewing Co. v. De France
Supreme Court of Iowa
Appeal from Polk District Court. — Hon. W. F. Conrad, Judge. This action is to recover the contract price of beer alleged to have been sold by the plaintiff, as a corporation, under the laws of Wisconsin, to the defendant, and delivered at Milwaukee, Wisconsin, for shipment to Des Moines, Iowa, for sale in original packages. There was a denial, and a counterclaim for money paid to plaintiff for beer sold to defendant in violation of the laws of Iowa.
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Appeal from Polk District Court. — Hon. W. F. Conrad, Judge. This action is to recover the contract price of beer alleged to have been sold by the plaintiff, as a corporation, under the laws of Wisconsin, to the defendant, and delivered at Milwaukee, Wisconsin, for shipment to Des Moines, Iowa, for sale in original packages. There was a denial, and a counterclaim for money paid to plaintiff for beer sold to defendant in violation of the laws of Iowa. There was a verdict and judgment for the plaintiff, and the defendant appeals.
1Opinion of the CourtCrang-er, C. J.
I. E. Q-. Miller’s testimony is by deposition, and to an interrogatory he answered as follows: “There toas no particular agreement, other than it was understood between Chas. Be France and myself, acting for the company, that the beer was to be handled by him strictly in accordance with the laws of Iowa, under the so-called ‘Original Pacltage Decision/ and that he should handle it strictly in the packages in which it was delivered to him, and that he should in no manner violate any laws governing the sale of intoxicating liquors in his state. I distinctly stated to him that our company did…
2Cases cited7 opinions
- Leisy v. HardinSupreme Court of the United States · 1890
- Kidd v. PearsonSupreme Court of the United States · 1888
- Babcock v. Chicago & Northwestern R'y Co.Supreme Court of Iowa · 1883
- White v. AdamsSupreme Court of Iowa · 1889
- Pearson v. International DistillerySupreme Court of Iowa · 1887
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- Pabst Brewing Co. v. SmithSupreme Court of Oklahoma · 1913
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