Legal Opinion
Warfield v. Wisconsin Cranberry Co.
Supreme Court of Iowa
Decided April 23, 1884PublishedCited by 7 opinions
Appeal from PoUc Circuit Court. Action to recover damages because of tlio failure of tbe defendant to deliver one liundred barrels of cranberries, as the plaintiffs claim it contracted to do. Trial by jury, verdict and judgment for the defendant, and plaintiffs appeal.
1Opinion of the CourtSeevers, J.
The defense was the statute-of frauds. The burden was on the plaintiffs to establish a contract in writing, or a written admission of an oral contract. One Barnes procured the plaintiffs to order cranberries of the defendant. Such order was in writing, and is as follows:
“Des MoiNes, Iowa, October 3, 1881.
“Dear Sir: Please ship 100 barrels of cranberries, $0.75 per barrel, delivered; berries to be as sample shown us by Mr. Barnes. 30 days, or 1 pr cent cash 10 days.”
This order was delivered to Barnes, and by him forwarded to the defendant in Wisconsin. The defendant wrote Barnes as follows:
“…
2Cases cited4 opinions
- Cook v. . BarrNew York Court of Appeals · 1870
- Moore v. MountcastleSupreme Court of Missouri · 1875
- Kleeman & Co. v. CollinsCourt of Appeals of Kentucky · 1872
- Steel & Son v. FifeSupreme Court of Iowa · 1878
3Cited by7 opinions
- Kingfisher Mill & Elev. Co. v. WestbrookSupreme Court of Oklahoma · 1920
- Meek v. BriggsSupreme Court of Florida · 1920
- Schneider v. AndersonSupreme Court of Kansas · 1907
- Winders v. . HillSupreme Court of North Carolina · 1907
- Miller v. Kansas City, Fort Scott & Memphis RailroadSupreme Court of Kansas · 1897
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