Prosser v. Jones
Supreme Court of Iowa
Appeal from Montgomery Circuit Court. Action upon a written contract wherein defendants obligate themselves to do certain threshing for plaintiff. Parts of -the petition alleging grounds of special damages were stricken out on motion of defendants. From this ruling plaintiff appeals. The facts fully appear in the opinion. The question of negligence is to be determined by the jury.
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Appeal from Montgomery Circuit Court. Action upon a written contract wherein defendants obligate themselves to do certain threshing for plaintiff. Parts of -the petition alleging grounds of special damages were stricken out on motion of defendants. From this ruling plaintiff appeals. The facts fully appear in the opinion. The question of negligence is to be determined by the jury. (Shearman & Redf. on Neg., § 11; Marquette v. C. <& F. W. B. Co„, 33 Iowa, 562.) The liability of the parties and thé extent of their agreement must be ascertained in the light of surrounding facts. (2 Greenl. on…
1Opinion of the Court
Beck, J. —
The written instrument sued on bound the defendants, in consideration of a threshing machine sold to them by plaintiff, to pay $100, and, in the language of the agreement, “to do his [plaintiff’s] threshing of wheat, timothy, oats and flax, at such times as he shall require it to be done, upon giving to said W. H. and J. H. Jones four days’ notice.”
The petition alleges, as a breach of the contract, the failure *676and refusal of defendants to do the threshing stipulated in the contract, after the notice provided for had been given.
The petition after various amendments, in compliance…
2Cited by14 opinions
- Jones v. GeorgeTexas Supreme Court · 1884
- Lowe v. TurpieIndiana Supreme Court · 1896
- Kellogg v. MalickWisconsin Supreme Court · 1905
- Hayes v. CooleyNorth Dakota Supreme Court · 1904
- Irving v. OrtIndiana Court of Appeals · 1957
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