Howe & Co. v. Sutherland
Supreme Court of Iowa
Appeal from Clark Circuit Court. This is an action by the plaintiffs, who are commission merchants of Chicago, to recover an alleged balance due them.
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Appeal from Clark Circuit Court. This is an action by the plaintiffs, who are commission merchants of Chicago, to recover an alleged balance due them. The account sued upon is brief — the defendant is charged June 11, 1872, to amount' paid on draft, $1,400; and is credited, Aug. 2, 1872, by sale of oats, $689.06, leaving balance claimed of $710.94. The defendant, by answer, denies indebtedness to plaintiff, but admits the payment of the draft, the shipment of the oats and their sale, Aug. 2, and that the price realized, 27 cents per bushel, was the market price that day; and, for further…
1Opinion of the CourtCole, J.
I. The evidence in this case is. without mateifial conflict, except upon a single question. It tends to prove that plaintiffs are commission merchants in Chicago, Illinois, and the defendant is a grain buyer in Osceola, Iowa. Prior to May 29, 1872, plaintiffs solicited business from defendant, and on that day defendant telegraphed to plaintiffs to sell for him five thousand bushels of oats for June delivery; the telegram was received and acted upon, and on the next day the plaintiffs wrote the defendant that they had received his telegram, had placed the oats on the market, and had sold the…
2Cited by3 opinions
- Canfield ex rel. Canfield v. Chicago, Rock Island & Pacific Railway Co.Supreme Court of Iowa · 1909
- Shoyer v. Edmund Wright-Ginsberg Co.New York Court of Appeals · 1925
- Western Union Cold Storage Co. v. Winona Produce Co.Appellate Court of Illinois · 1899