Kelly v. Chicago, Milwaukee & St. Paul Railway Co.
Supreme Court of Iowa
Appeal from Woodbury District Court. — How. F. B,. GtAYNOR, Judge. Action at law to recover damages for breach of contract, for alleged overcharges of freight, and for discriminating against plaintiff in freight rates. Defendant demurred to the petition, and, the demurrer being-sustained, plaintiff elected to stand upon his petition, and judgment was rendered against -him for costs, and he appeals.
1Opinion of the CourtDeerner, J.
The pleadings in this case cover nearly thirty closely-printed pages of the abstract, and we will have some difficulty in stating the issues of law presented by the demurrer. As best we may, we will endeavor to state the substance of these "voluminous pleadings.
It is alleged in the petition, in.substance, that in January, 1882, plaintiff entered into an oral contract with defendant, by the terms of which the defendant *438agreed, in consideration of plaintiff’s erecting and maintaining an hotel and railway eating house at the station of Sanborn, on defendant’s line of road, to give plaintiff a…
2Cases cited23 opinions
- Forsythe v. KimballSupreme Court of the United States · 1876
- Johnson v. . OppenheimNew York Court of Appeals · 1873
- Tracy v. Union Iron Works Co.Supreme Court of Missouri · 1891
- Chicago & Alton Railroad v. People ex rel. KoernerIllinois Supreme Court · 1873
- Wodock v. RobinsonSupreme Court of Pennsylvania · 1892
18 more not listed; retrieve them via the Exa API.
3Cited by23 opinions
- Schrimper v. Chicago, Milwaukee & St. Paul Railway Co.Supreme Court of Iowa · 1900
- Banwart v. ShullenburgSupreme Court of Iowa · 1920
- Miller v. MorineSupreme Court of Iowa · 1914
- Cavanagh v. Iowa Beer Co.Supreme Court of Iowa · 1907
- Travers-Newton Chautauqua System v. NaabSupreme Court of Iowa · 1923
18 more not listed; retrieve them via the Exa API.