McAfferty v. Hale
Supreme Court of Iowa
Appeal from Washington District Court. In this action plaintiff seeks to recover a balance due for hogs purchased for and delivered to defendant, upon a parol contract, and on an account for money advanced and services rendered. The answer is in denial. Defendant also pleads payment, and claims by his cross-action $254.35 as damages for the breach of a written contract. Replication in denial of this cross-action, and avemng that said contract had been rescinded.
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Appeal from Washington District Court. In this action plaintiff seeks to recover a balance due for hogs purchased for and delivered to defendant, upon a parol contract, and on an account for money advanced and services rendered. The answer is in denial. Defendant also pleads payment, and claims by his cross-action $254.35 as damages for the breach of a written contract. Replication in denial of this cross-action, and avemng that said contract had been rescinded. Upon the trial, defendant excepted to certain rulings which excluded testimony to establish his cross-action, and also to the giving…
1Opinion of the CourtWright, J.
The written contract upon which defendant claims to recover in his cross-action is, so far as material to the understanding of the questions raised, as follows:
“Deceived,'Washington, Iowa, Dec. 25, 1865, of J. B. Hale, three hundred dollars, as part payment on two hundred head of well fatted hogs, which I agree to deliver the latter part of next week to him, in Washington; he paying me at the rate of, etc., * * and also twenty-five cents per head commission. And I am to buy dressed hogs, and deliver at, etc. * *
“James McAfferty.”
Defendant avers in his petition, that he has at all *358times been…
2Cases cited1 opinion
- Brown v. CrandalSupreme Court of Iowa · 1867
3Cited by7 opinions
- Dailey v. CokerTexas Supreme Court · 1871
- Schmidt v. PosnerSupreme Court of Iowa · 1906
- Sherman v. HaleSupreme Court of Iowa · 1888
- Lawyers Cooperative Publishing Co. v. Corte de Distrito de San JuanSupreme Court of Puerto Rico · 1937
- Wilson v. ReuterSupreme Court of Iowa · 1870
2 more not listed; retrieve them via the Exa API.