Rees v. Henn
Supreme Court of Iowa
Appeal from, Pottawattamie Circuit Court. Action to recover for potatoes and hay, sold and delivered by the plaintiff to the defendants. The latter pleaded a counter-claim. Trial to the court, judgment for the defendants, and plaintiff appeals.
1Opinion of the Court
Seevers, Oh. J.
The parties entered into a written contract whereby the plaintiff agreed to sell and deliver to the defendant three hundred tons of hay at a named price — the hay to be delivered as specified in the contract. It was agreed that, if either party failed to perform on his part, the party so failing should pay the other $250, as liquidated damages. The contention in the Circuit Court and in this court is as to which party failed to perform the contract on his part. The Circuit Court found the plaintiff had, and awarded the damages for the breach. By the terms of the contract the…
2Cited by1 opinion
- McCasland v. Township of WalworthSupreme Court of Minnesota · 1916