Guyer v. Minnesota Thresher Manufacturing Co.
Supreme Court of Iowa
Appeal from Polk District Court. — Hon. C. P. Holmes, Judge. Action at law to recover commissions for the sale of a threshing machine and engine.' A demurrer to the original petition, was sustained on the twentieth day of October, 1894, and plaintiffs were given fifteen days in which to further plead. On October 27, they filed an amended and substituted petition.
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Appeal from Polk District Court. — Hon. C. P. Holmes, Judge. Action at law to recover commissions for the sale of a threshing machine and engine.' A demurrer to the original petition, was sustained on the twentieth day of October, 1894, and plaintiffs were given fifteen days in which to further plead. On October 27, they filed an amended and substituted petition. The defendant thereupon moved to strike the amended and substituted petition from the files, and for a default and judgment on the cause of action set out in the original petition. This motion was sustained, and judgment was entered…
1Opinion of the CourtDeemer, J.
*1331 *1342 3 *132In the original petition the plaintiffs state that they are entitled to a commission for the sale of a thresher and engine to one Fred Wolfe, under and by virtue of a certain written contract made and *133entered into by and between the plaintiffs, on the one part, and by the defendant, through its agent, W.'S. H. Brady, on the other. A demurrer to this petition, based upon three distinct grounds, was sustained, and plaintiffs were given fifteen days to further plead. Thereafter they filed what was denominated “an amended and substituted petition,” in which they pleaded that they were…
2Cases cited5 opinions
- Town of Waukon v. StrouseSupreme Court of Iowa · 1888
- Hershiser v. W. E. Higman & Co.Nebraska Supreme Court · 1891
- Leekins v. Nordyke & Marmon Co.Supreme Court of Iowa · 1885
- Tomblin v. BallSupreme Court of Iowa · 1877
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- Bodholdt v. TownsendSupreme Court of Iowa · 1929
- Reynolds v. ChehakSupreme Court of Iowa · 1925
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