Formholz v. Taylor
Supreme Court of Iowa
Appeal from Johnston District Gourt. Upon the 29th day of September, 1857, tbe parties defendant to this suit entered into an agreement with tbe plaintiff, in writing, as follows: “ Fourteen days after date, I agree to deliver unto O. D. Taylor and Nelson Libby, thirteen thimble-skeined two-horse wagons, also one one-horse wagon, and a one-horse top buggy, complete, for which said Taylor and Libby agree to give a bond for a deed of lot No. 5, in block 42, with a building…
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Appeal from Johnston District Gourt. Upon the 29th day of September, 1857, tbe parties defendant to this suit entered into an agreement with tbe plaintiff, in writing, as follows: “ Fourteen days after date, I agree to deliver unto O. D. Taylor and Nelson Libby, thirteen thimble-skeined two-horse wagons, also one one-horse wagon, and a one-horse top buggy, complete, for which said Taylor and Libby agree to give a bond for a deed of lot No. 5, in block 42, with a building thereon, in tbe city of Florence, Nebraska, the sum of six hundred and seventy-six dollars. “ O. D. Taylor. “ N. Libby.”…
1Opinion of the CourtBaldwin, C. J.
There is one controlling fact in this case, that leads us to disfavor tbe somewhat technical objections of defendants to tbe ruling of tbe court, in refusing certain instructions asked, and in overruling tbe motion for a new trial. That is, tbe defendants received under their contract, in 1857, tbe sixteen two-borse, and tbe one one-borse wagon, and tbe buggy, property, according to tbe value placed thereon by plaintiffs witnesses, worth tbe sum of $1,460, and that could not at tbe time of delivery, according to tbe testimony of defendants’ witnesses, have been worth less than tbe sum of…
2Cases cited1 opinion
- Pixler v. NicholsSupreme Court of Iowa · 1859
3Cited by3 opinions
- Powder River Live Stock Co. v. LambNebraska Supreme Court · 1893
- Ellwood v. WilsonSupreme Court of Iowa · 1866
- Sitzler v. PeckSupreme Court of Iowa · 1968