Minneapolis Threshing Machine Co. v. Zemanek
Supreme Court of Iowa
Appeal from Delaware District Court.— Hon. A. S. Blair, Judge. Action to recover the price of a traction engine alleged to have been sold by plaintiff to defendant. Defendant appeals from a judgment on a directed verdict in favor of the plaintiff.—
1Opinion of the CourtMcClain, C. J.
On June 11, 1903, defendant had negotiations with the local agent of plaintiff at Mason City relative to the purchase of a traction engine, and signed an order for such engine of a particular description, which was forwarded to plaintiff by the agent.' In the instrument thus signed by defendant it was provided that it should not be binding on plaintiff as a contract until approved by plaintiff, and also that defendant “ agrees to receive the machine ordered, purchased, and sold on arrival ” and to pay therefor the price specified in the order, prior to delivery. Under, the terms of the order…
2Cases cited4 opinions
- Moline Scale Co. v. BeedSupreme Court of Iowa · 1879
- McCormick Harvesting Machine Co. v. MarkertSupreme Court of Iowa · 1899
- McCormick Harvesting Machine Co. v. RichardsonSupreme Court of Iowa · 1893
- Durkee v. SchultzSupreme Court of Iowa · 1904
3Cited by2 opinions
- Fire Association of Phila. v. Allis Chalmers Mfg. Co.District Court, N.D. Iowa · 1955
- Pierce Oil Corporation v. Gilmer OilCourt of Appeals of Texas · 1921