Clanton v. Des Moines, Osceola & Southern R'y Co.
Supreme Court of Iowa
Appeal from Madison Circuit Court. This is an action at law by which plaintiff seeks to recover of the defendant the contract price for certain railroad ties which he alleges he sold to the defendant. There was a trial by jury, and a verdict and judgment for the plaintiff'. Defendant appeals.
1Opinion of the CourtRothrock, J.
The principal question in the case is one of fact. It appears that the railroad company did not contract directly with the parties who furnished ties for the road. One Ball made contracts for the purchase of all the ties for the line from Des Moines to Osceola. The plaintiff' made his contract directly with one Thompson, who was authorized by Ball to make purchases. The defendant claimed, in its answer and upon the trial, that Ball bought and furnished the ties as a contractor, and not as agent of the company, and that the company, having settled with and paid Ball in full for all ties…
2Cited by6 opinions
- San Antonio & Aransas Pass Railway Co. v. Southwestern Telegraph & Telephone Co.Texas Supreme Court · 1900
- O'Leary Bros. v. German-American InsuranceSupreme Court of Iowa · 1896
- Bigler v. ToySupreme Court of Iowa · 1886
- Heusinkveld v. St. Paul Fire & Marine InsuranceSupreme Court of Iowa · 1898
- Humphrey v. BaronSupreme Court of Iowa · 1937
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