American Soda Fountain Co. v. Dean Drug Co.
Supreme Court of Iowa
Appeal from Emmet District Court.— HoN. W. B. Quarton, Judge. ON September 10, 1901, tbe defendant signed an order addressed to plaintiff in words, in so far as material, following: Fortvard the following described soda water apparatus, and upon receipt of bill of lading or tender of goods, I will honor sight draft or other demand for $250 May 1st, 1902, and the balance I promise to pay in monthly sums, as follows: $30.00 per month until paid, 2 per cent, off cash; interest…
Read the full summary
Appeal from Emmet District Court.— HoN. W. B. Quarton, Judge. ON September 10, 1901, tbe defendant signed an order addressed to plaintiff in words, in so far as material, following: Fortvard the following described soda water apparatus, and upon receipt of bill of lading or tender of goods, I will honor sight draft or other demand for $250 May 1st, 1902, and the balance I promise to pay in monthly sums, as follows: $30.00 per month until paid, 2 per cent, off cash; interest to start May 1st, 1902, with interest at six per cent, from date of shipment with each payment, and for such balance and…
1Opinion of the CourtLadd, J.
The evidence showed conclusively that plaintiff had never complied with the contract of conditional sale, for that it had not given defendant a bill of lading of or tendered the goods ordered, which, by the terms of the contract, was a condition precedent to the payment of the $250 by the defendant May 1, 1902, and the execution of the notes for the monthly payments' of the balance of the purchase price and payment thereof. Until plaintiff com*316plied with its part of the contract in the above respects, there could be no breach on the part of the defendant, for until then nothing was required of…
2Cases cited11 opinions
- Boehmer v. Big Rock Irrigation DistrictCalifornia Supreme Court · 1897
- McConnell v. PoorSupreme Court of Iowa · 1901
- Parsons v. Grand Lodge of Ancient Order of United WorkmenSupreme Court of Iowa · 1899
- McCoy v. Iowa State InsuranceSupreme Court of Iowa · 1898
- Brewster v. . WoosterNew York Court of Appeals · 1892
6 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- Richards v. W. H. Hellen & SonSupreme Court of Iowa · 1911
- Landes & Co. v. FallowsUtah Supreme Court · 1933
- Doughty v. LawSupreme Court of Iowa · 1916
- Schmoller & Mueller Piano Co. v. SmithSupreme Court of Iowa · 1927