Elijah v. Mottinger
Supreme Court of Iowa
Appeal from Linn District Court, Hon. Milo P. Smith, Judge. Action of replevin for the possession of a team of horses and a wagon and harness. The action is based on a written contract which will be set out in the opinion. There was a trial to a jury and a verdict and judgment for the plaintiffs. The defendant appeals.
1Opinion of the CourtEvans, J.
The petition of the plaintiffs was based on the following written contract:
This agreement, made this 8th day of May, A. D. 1909, between Elijah & Winne, party of the first part, and B. F. Mottinger, party of the second part, of Cedar Rapids, Iowa, as follows: The party of the first,part hereby agrees to sell to the party of the second part, on the performance of the agreement as hereinafter stated, all their rights, title and *373interest in and to the following described property now in their possession and located in Cedar Rapids, Iowa: One light gray gelding named Dan, six (6) years old; one…
2Cases cited8 opinions
- Arthur v. OakesCourt of Appeals for the Seventh Circuit · 1894
- John D. Park & Sons Co. v. HartmanCourt of Appeals for the Sixth Circuit · 1907
- Sewell v. . UnderhillNew York Court of Appeals · 1910
- H. W. Gossard Co. v. CrosbySupreme Court of Iowa · 1906
- Nunngesser v. HartSupreme Court of Iowa · 1904
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3Cited by2 opinions
- Cram v. City of Des MoinesSupreme Court of Iowa · 1919
- Wilson v. Airline Coal Co.Supreme Court of Iowa · 1933