Kelley, Maus & Co. v. Hart-Parr Co.
Supreme Court of Iowa
Appeal from Floyd District Court.— Hon. O. H. Kelley, Judge. Action- for balance due on account. There was a counterclaim for damages resulting from breach of contract, on which (the trial being to the court without a jury) an allowance was made to defendant, and a judgment was rendered in" favor of plaintiffs for the difference between the amount due on the account arid the amount due to defendant on its counterclaim. Plaintiffs appeal.
1Opinion of the CourtMcClain, J.
1. Sales: time of delivery: implied agreement: evidence. The accoxint on which plaintiffs sue was for structural steel sold under a contract made by correspondence and defendant’s counterclaim was for damages on account of breach of the contract in failing to furnish a portion of the steel contracted for within a- reasonable time, in consequence of which failure the defendant elected to cancel the contract in this respect, and procure the steel elsewhere at a higher price, and in such form that some loss resulted in its use. The real controversy between the 'parties is as to whether, under…
2Cases cited2 opinions
- Boyington v. SweeneyWisconsin Supreme Court · 1890
- Tufts v. McClure Bros.Supreme Court of Iowa · 1875
3Cited by5 opinions
- Murphy v. BrownSupreme Court of Iowa · 1961
- County of Platte v. New Amsterdam Casualty Co.District Court, D. Nebraska · 1946
- Andreas & Son v. HempySupreme Court of Iowa · 1937
- Rouleau v. Continental Life Ins. & Inv. Co.Utah Supreme Court · 1914
- J. P. Stevens & Co., Inc. v. Great Falls Paper Co.Montana Supreme Court · 1942