Chicago Title & Trust Co. v. Smyth
Supreme Court of Iowa
Appeal from, Lucas District Court. — Hon. W. D. Tisdale, Judge. Action to recover one hundred' and forty-nine dollars and eleven cents, with interest from April 5, 1893, alleged to be due as a balance on a contract for the sale of a stock of merchandise. Defendant denies that he is indebted to plaintiff. The facts and the issues will sufficiently appear in the opinion.
Read the full summary
Appeal from, Lucas District Court. — Hon. W. D. Tisdale, Judge. Action to recover one hundred' and forty-nine dollars and eleven cents, with interest from April 5, 1893, alleged to be due as a balance on a contract for the sale of a stock of merchandise. Defendant denies that he is indebted to plaintiff. The facts and the issues will sufficiently appear in the opinion. The parties proceeded, to the trial of this case before a jury, and after plaintiff had introduced its evidence in chief the defendant was called as a witness in his .own behalf, and was proceeding to state a verbal contract…
1Opinion of the CourtGiven, C. J.
I. For convenience, we will refer to Charles P. Kellogg & Co. as the plaintiff. Plaintiff, doing business in Chicago, was the owner of a stock of goods in a store and on sale in Crestón, Iowa, in charge of one E. K. Jones. Plaintiff, desiring to sell said stock, sent one T. C. Ketcham to see the defendant, at Chariton, with the view of selling the goods to him. On the *403thirty-first day of March, 1893, they two went to Crestón. Defendant examined the stock, and offered five thousand three hundred dollars for it, which offer was refused, and the negotiations ended. On April fifth, following,…
2Cases cited9 opinions
- Hervey v. SaverySupreme Court of Iowa · 1878
- Wachendorf v. LancasterSupreme Court of Iowa · 1883
- Gelpcke v. BlakeSupreme Court of Iowa · 1863
- Tufts v. LarnedSupreme Court of Iowa · 1869
- Clute v. FrasierSupreme Court of Iowa · 1882
4 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- Fetters Ex Rel. Fetters v. City of Des MoinesSupreme Court of Iowa · 1967
- I. X. L. Furniture & Carpet Installment House v. BeretsUtah Supreme Court · 1907
- Cataldo v. CompianoSupreme Court of Iowa · 1956
- Welch v. WelchSupreme Court of Iowa · 1931
- Arnold v. Board of SupervisorsSupreme Court of Iowa · 1911
2 more not listed; retrieve them via the Exa API.