B. F. Bonewell & Co. v. Jacobson
Supreme Court of Iowa
Appeal from Polk District Court.— IIon. James A. Howe, Judge. Action to recover the purchase price of certain specified fruit trees alleged to have been sold by plaintiffs to defendant "under a contract of sale. The defendant pleaded that the contract was procured by fraud and that plaintiffs had not complied with its terms on their part.
Read the full summary
Appeal from Polk District Court.— IIon. James A. Howe, Judge. Action to recover the purchase price of certain specified fruit trees alleged to have been sold by plaintiffs to defendant "under a contract of sale. The defendant pleaded that the contract was procured by fraud and that plaintiffs had not complied with its terms on their part. At the conclusion of' the evidence the court directed a verdict for plaintiffs for the amount specified in the contract and entered judgment against defendant thereon. The defendant appeals.—
1Opinion of the CourtMcClain, C. J.
The contract on which plaintiffs sue consists of-an order for fruit trees of various kinds made by filling out blanks in a printed form, signed by defendant in the space indicated for the purchaser’s signature at the bottom of the page. For the purpose of making plain the points of controversy in this case, it is sufficient to say that on the back of the sheet on which the form for the order was printed were written the following words: “ Orchard contract to be given on delivery. Orchard to be set out and be cared for by the company.” And that the introductory portion of the order contained…
2Cases cited4 opinions
- McConnell v. BrillhartIllinois Supreme Court · 1856
- New England Dressed Meat & Wool Co. v. Standard Worsted Co.Massachusetts Supreme Judicial Court · 1896
- Barrie v. MillerSupreme Court of Georgia · 1898
- Dowagiac Manuf'g Co. v. GibsonSupreme Court of Iowa · 1887
3Cited by21 opinions
- Hall v. CrowSupreme Court of Iowa · 1948
- Lamasters v. SpringerSupreme Court of Iowa · 1959
- Lavalleur v. HahnSupreme Court of Iowa · 1911
- Farmers' Life Ins. Co. v. WoltersTexas Commission of Appeals · 1928
- Standard Motor Co. v. PeltzerCourt of Appeals of Maryland · 1925
16 more not listed; retrieve them via the Exa API.