Miller v. Davis
Supreme Court of Iowa
Appeal from Mills District Court. — Earl Peters, Judge. Plaintiffs allege that, in the fall of 1916, they entered in1o an oral contract with defendant, who was the owner of a large tract of land, on which is growing a large amount of different kinds of timber of sufficient size for saw timber; that plaintiffs were to cut and haul the logs to the sawmill and saw the same into lumber, except the walnut, which was to be either sawed or sold in the log, whichever was to the…
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Appeal from Mills District Court. — Earl Peters, Judge. Plaintiffs allege that, in the fall of 1916, they entered in1o an oral contract with defendant, who was the owner of a large tract of land, on which is growing a large amount of different kinds of timber of sufficient size for saw timber; that plaintiffs were to cut and haul the logs to the sawmill and saw the same into lumber, except the walnut, which was to be either sawed or sold in the log, whichever was to the advantage of the parties; and that, as compensation, plaintiffs were to receive one half the lumber or sale price thereof,…
1Opinion of the CourtPreston, J.
— There is a conflict in the evidence as to the terms of the contract and some other matters, which are settled by'the verdict of the jury. The plaintiffs offered evidence to support their claims, and there was evidence tending to show that the contract was as they contended; their performance; defendant’s refusal to permit them to complete the contract; the number of acres, and amount of timber thereon; the amount of timber which the tract did and would produce; the value of the lumber; the cost or expense of cutting and hauling; the cost of sawing; the value of the lumber; and so on. At the…
2Cases cited11 opinions
- Harvey v. Mason City & Fort Dodge RailroadSupreme Court of Iowa · 1906
- State v. MaddenSupreme Court of Iowa · 1914
- State v. WilsonSupreme Court of Iowa · 1913
- Baker v. MathewSupreme Court of Iowa · 1908
- Howard v. BrownSupreme Court of Iowa · 1914
6 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Ferris v. RileySupreme Court of Iowa · 1960
- Jettre v. HealySupreme Court of Iowa · 1953
- Trachta v. Iowa State Highway CommissionSupreme Court of Iowa · 1957
- Harrison Ex Rel. Harrison v. UlickiSupreme Court of Iowa · 1972
- McColl v. JordanSupreme Court of Iowa · 1925
3 more not listed; retrieve them via the Exa API.