Boies v. Vincent
Supreme Court of Iowa
Appeal from Washington District Court. Findings op pact : sale op chattels : tendee : consideration: measure op damages. — Action to recover damages for the neglect and refusal of the defendant to deliver, pursuant to an alleged contract, twenty-two head of cattle. No question is made upon the pleadings. The answer puts the plaintiffs upon proof of their case.
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Appeal from Washington District Court. Findings op pact : sale op chattels : tendee : consideration: measure op damages. — Action to recover damages for the neglect and refusal of the defendant to deliver, pursuant to an alleged contract, twenty-two head of cattle. No question is made upon the pleadings. The answer puts the plaintiffs upon proof of their case. The cause was tried to the court, which found the facts as follows: “ That, about the last of May, 1866, plaintiffs and defendant were residing in the town of Washington, Iowa. Plaintiffs were engaged in business and shipping cattle,…
1Opinion of the Court
Dillon, Ch. J.
1. sale of executory agreement. I. We have felt somewhat embarrassed in this case, in consequence of the peculiar character of the findings of fact by the District Court. In material respects, the findings aré noj; speeific and definite. Thus, it is not found, in terms, at least, that a definite time was stipulated for the delivery. So it is not distinctly found when the breach first occurred. It is stated, that defendant “said” *392certain things, that “ he seemed willing to let the cattle go,” etc., “ did not positively refuse to let plaintiffs have the cattle,” etc. These are not…
2Cases cited1 opinion
- Collins v. VandeverSupreme Court of Iowa · 1855
3Cited by5 opinions
- Cobb, Blasdel & Co. v. I. C. R. R.Supreme Court of Iowa · 1874
- Wire v. FosterSupreme Court of Iowa · 1883
- Laporte Improvement Co. v. BrockSupreme Court of Iowa · 1896
- Tuttle-Chapman Coal Co. v. Coaldale Fuel Co.Supreme Court of Iowa · 1907
- Blythe v. CummingsSupreme Court of Iowa · 1920