Vogel & Bro. v. Wadsworth
Supreme Court of Iowa
Appeal from Lee District Court. Action at law upon an account for goods sold and delivered to defendant. The answer alleges that the goods wore sold by plaintiffs, upon the order of a railroad company, and it was agreed between the plaintiffs, defendants, and company, that the latter should pay plaintiffs for the goods; and that it paid the account by its note secured by mortgage bonds, which were accepted by plaintiffs in full payment of the account.
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Appeal from Lee District Court. Action at law upon an account for goods sold and delivered to defendant. The answer alleges that the goods wore sold by plaintiffs, upon the order of a railroad company, and it was agreed between the plaintiffs, defendants, and company, that the latter should pay plaintiffs for the goods; and that it paid the account by its note secured by mortgage bonds, which were accepted by plaintiffs in full payment of the account. The answer further shows that defendant was a sub-contractor in constructing the railroad of the corporation referred to, for which he had a…
1Opinion of the CourtBeck, J.
I. The judgment of the District Court is brought here for review solely on the ground that it is not. sufficiently supported by the testimony. No other objections are made to the judgment. The court below made no finding of facts. We are left to determine whether the testimony is sufficient to support conclusions of fact, which, in law, authorize plaintiffs to recover.
*301. practice : finding oí' court. The main point of fact upon which the controversy chiefly centers, and which, in our view, is decisive of the case, involves the character of the contract under which the note and bonds of the…
2Cases cited1 opinion
- Conover v. EarlSupreme Court of Iowa · 1868
3Cited by4 opinions
- Bixby v. CarskaddonSupreme Court of Iowa · 1881
- Gaar, Scott & Co. v. NicholsSupreme Court of Iowa · 1901
- Yocum v. HaskinsSupreme Court of Iowa · 1890
- Boot v. GaySupreme Court of Iowa · 1884