Legal Opinion

Bamberger Bros. v. Burrows

Supreme Court of Iowa

Decided January 15, 1910PublishedCited by 17 opinions

Appeal from, Cedar Rapids Superior. Court. — How. James H. Rothrock, Judge. Action to recover the purchase price of certain clothing sold to defendant. Defendant admitted the purchase, but pleaded a rescission of the contract, and also interposed a counterclaim for damages. Trial to a jury. Directed verdict for plaintiff, and defendant appeals. —

1Opinion of the CourtDeemer, C. J.

As there was a directed verdict for plaintiff, that version of the case most favorable to defendant must, for the purposes of this appeal, be accepted as true. Defendant determined to open a clothing store in the city of Oedar Rapids some time during the year 1907, and concluded to create a children’s department as a part of the business. Plaintiffs-are juvenile clothing merchants *443located in New York City. During the summer of the year 1907 defendant went to New York, visited the plaintiff firm, and placed an order with them for a certain bill of children’s clothing. This order was in…

2Cases cited45 opinions

  1. Norrington v. WrightSupreme Court of the United States · 1885
  2. Booth v. . Spuyten Duyvil Rolling Mill Co.New York Court of Appeals · 1875
  3. Loud v. Pomona Land & Water Co.Supreme Court of the United States · 1894
  4. Cleveland Rolling Mill v. RhodesSupreme Court of the United States · 1887
  5. Harber Bros. v. Moffat Cycle Co.Illinois Supreme Court · 1894

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3Cited by17 opinions

  1. Ripley v. International Railways of Central AmericaNew York Court of Appeals · 1960
  2. Nora Springs Cooperative Co. v. BrandauSupreme Court of Iowa · 1976
  3. Orenstein v. KahnSupreme Court of Delaware · 1922
  4. Municipal Capital Appreciation Partners I, L.P. v. PageDistrict Court, S.D. New York · 2002
  5. Sunshine Cloak & Suit Co. v. Roquette Bros.North Dakota Supreme Court · 1915

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