Ware v. Leffert
Supreme Court of Iowa
Appeal from Council Bluffs Superior Court. — Hon. Gf. H. Soott, Judge. This is an action brought on a written contract. There was a trial to the court without the intervention of a jury and a judgment for the plaintiff. The defendant appeals.
1Opinion of the CourtSherwin, C. J.
The plaintiff, entitling this action as appears herein, brought suit on a contract in the following language: “I hereby agree to take back ring provided same is in good condition as when sold, for amount paid less ten percent; amount paid $150. Herman M. Leffert.” The plaintiff alleged in his petition that one Cheney made the contract above referred to, and that he was the assignee *18of Cheney. He further alleged that the ring had been tendered back to the defendant, and that the defendant had refused to receive it. There was no allegation in the petition that the defendant, Herman M. Leffert,…
2Cases cited4 opinions
- State v. FogertySupreme Court of Iowa · 1898
- Byington v. Mississippi & Missouri RailroadSupreme Court of Iowa · 1861
- J. P. Calnan Construction Co. v. BrownSupreme Court of Iowa · 1899
- Sweet, Dempster & Co. v. Ervin & Co.Supreme Court of Iowa · 1880
3Cited by1 opinion
- M. Schulz Co. v. GriffithSupreme Court of Iowa · 1918