Oliver v. Bass
Supreme Court of Iowa
Appeal from Hamilton District Gowrt. The plaintiff, in his petition, states, that “ on or about the 15th day of November, 1869, he contracted orally with the defendant for the purchase of eight hogs for 7-J cents per pound live weight to be paid therefor on delivery, and then paid to the defendant one dollar as a part of the purchase-money of said hogs; that the defendant then promised to deliver the same to plaintiff at his warehouse in Webster City, in Hamilton county,…
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Appeal from Hamilton District Gowrt. The plaintiff, in his petition, states, that “ on or about the 15th day of November, 1869, he contracted orally with the defendant for the purchase of eight hogs for 7-J cents per pound live weight to be paid therefor on delivery, and then paid to the defendant one dollar as a part of the purchase-money of said hogs; that the defendant then promised to deliver the same to plaintiff at his warehouse in Webster City, in Hamilton county, Iowa, on the 21st day of November, 1869, there to have the same weighed and receive his pay therefor, in accordance with…
1Opinion of the CourtMiller, J.
The errors assigned are in sustaining the defendant’s motion and making the order changing the venue from Hamilton to Webster county.
The general rule is, that personal actions must be brought , in the county where the defendant resides. Revision of 1860, § 2797; Hunt v. Bratt, 23 Iowa, 171. An exception to the rule is that, “ when by the terms of a contract it is to be performed in any particular place, an action for the breach thereof may be brought in the county in which such place is situated.”. Revision of 1860, § 2798. The contract set out in the petition was “ by its terms ” to be…
2Cases cited1 opinion
- Hunt v. BrattSupreme Court of Iowa · 1867
3Cited by3 opinions
- Joeckel v. JohnsonSupreme Court of Iowa · 1916
- Sanbourn v. Smith & WhiteSupreme Court of Iowa · 1876
- Haugen & Co. v. McCartheySupreme Court of Iowa · 1872