Legal Opinion

Wood v. Fogarty

Supreme Court of Iowa

Decided October 20, 1902PublishedCited by 5 opinions

Appeal from Story District Court. — Hon. S. M. Weaver, Judge. Action to reform a contract for the sale of fruit trees. Judgment for plaintiff. Defendants appeal.

1Opinion of the CourtMcClain, J.

The error relied on in this case for reversal is the refusal of the trial court to grant a change of venue from Story county to Pottawattamie county, which was shown to be the county of the residence of defendants. The action, however, was with reference to a contract made in Story county for defendant Rice by defendant Fogarty, his agent, who was at the time, Jby himsel; and subagents, soliciting orders for his principal, and the notice of the action was served in Story county on Fogarty while he was there for the purpose of delivering fruit trees in fulfillment of orders previously taken,…

2Cases cited3 opinions

  1. Milligan v. DavisSupreme Court of Iowa · 1878
  2. Ockerson v. Burnham & Co.Supreme Court of Iowa · 1884
  3. Wickens v. GoldstoneSupreme Court of Iowa · 1896

3Cited by5 opinions

  1. Miller v. Economy Hog & Cattle Powder Co.Supreme Court of Iowa · 1940
  2. Lake v. Western Silo Co.Supreme Court of Iowa · 1916
  3. Avery Co. of Texas v. WakefieldCourt of Appeals of Texas · 1920
  4. Goodrich v. FogartySupreme Court of Iowa · 1906
  5. Farmers Savings Bank v. Planters Terminal Elevator Co.Supreme Court of Iowa · 1925

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