Kennell v. Boyer
Supreme Court of Iowa
Appeal from Washington District Court. — Hon. Byron W. Preston, Judge. Action to recover damages for refusal of defendant to deliver certain forty tons of hay purchased by plaintiff from defendant at auction. There was a denial, and also a counterclaim against plaintiff for damages for breach of the same sale. There was a verdict in favor of defendant on his counterclaim, and from judgment on such verdict plaintiff appeals.
1Opinion of the CourtMcClain, J.
1. Sales at public auction power of auctioneer. The principal error urged upon our attention for appellant relates to an instruction of the court submitting defendant’s counterclaim to the jury. Plaintiff ^id on about forty tons of hay a,t an aucti°n sa-le? and it was struck off to him; but on ag defendant alleges, to comply with the terms of the sale as to taking it away, defendant, acting under alleged conditions of the sale giving him a right to do so, resold it at less than the price bid, and seeks to recover by way of damages such sum as necessary to make him good for the loss of the…
2Cases cited4 opinions
- Chouteau v. GoddinSupreme Court of Missouri · 1866
- Doty v. WilderIllinois Supreme Court · 1854
- Farr v. JohnSupreme Court of Iowa · 1867
- Satterfield v. . SmithSupreme Court of North Carolina · 1850
3Cited by17 opinions
- White v. SimardCourt of Special Appeals of Maryland · 2003
- Guarnaccia v. WiecenskiSupreme Court of Connecticut · 1943
- 146 Dundas Corp. v. Chemical BankMassachusetts Supreme Judicial Court · 1987
- Clark v. OlejnikMassachusetts Supreme Judicial Court · 1921
- Definite Contract Building & Loan Ass'n v. TuminSupreme Court of Virginia · 1932
12 more not listed; retrieve them via the Exa API.