Legal Opinion

Mihills Manufacturing Co. v. Day Bros.

Supreme Court of Iowa

Decided December 13, 1878PublishedCited by 12 opinions

Appeal from Winneshiek Circuit Cowrt. Action on two accepted drafts and an account. The defendants pleaded a counter-claim. There was a trial by jury, verdict and judgment for defendants. The plaintiff appeals..

1Opinion of the CourtSeevers, J.

The counter-claim was based on the following facts: The defendants were dealers in lumber, doors and window-sash, at Decorah and Cresco, Iowa. The plaintiff was a manufacturer of the latter articles at Fond du Lac,. Wisconsin.

The defendants ordered of the plaintiff certain doors and window-sash, which they wrote the plaintiff they desired to-have “shipped about 20th of September, 1876.” The plaintiff undertook to fill the order and have the same ready “about-the 20th of September.”

Nothing was said at the time the order was made, or in-defendant’s acceptance of the same, as to whether the…

2Cases cited2 opinions

  1. Griffin v. . ColverNew York Court of Appeals · 1858
  2. Richardson v. ChynowethWisconsin Supreme Court · 1870

3Cited by12 opinions

  1. Hichhorn, Mack & Co. v. BradleySupreme Court of Iowa · 1902
  2. Myers v. BenderMontana Supreme Court · 1913
  3. Metropolitan Transfer Station, Inc. v. Design Structures, Inc.Court of Appeals of Iowa · 1982
  4. Todd v. DaveySupreme Court of Iowa · 1883
  5. Gibson v. FischerSupreme Court of Iowa · 1885

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