Vermont Farm Machinery Co. v. De Sota Co-operative Creamery Co.
Supreme Court of Iowa
Appeal from Dallas District Court. — Hon. J. H. Applet gate,- Judge. Action to recover the purchase price of certain cream separators sold by plaintiff to defendant. Defendant admitted the purchase of the separators, but pleaded that the contract therefor was ultra ■vires and void. The case was tried to a jury, and, at the conclusion of the testimony, the trial court on motion directed a verdict for defendant. Plaintiff appeals. —
1Opinion of the CourtDeemer, J.
Defendant is a local corporation; its articles reciting the naturé of its business to be as follows: “Article 3. The object of the corporation or the business to be transacted is the manufacture of butter and milk products for the stockholders of said corporation and the patrons thereof upon equal terms in such a manner as will conduce to the mutual and equal advantage of all such stockholders and patrons.”
Plaintiff, through its salesman, made a contract with defendant through its secretary, one H. G. Smith, whereby it sold to defendant five cream separators for the aggregate price of $390.…
2Cases cited9 opinions
- Security National Bank v. St. Croix Power Co.Wisconsin Supreme Court · 1903
- Wisconsin Lumber Co. v. Greene & Western Telephone Co.Supreme Court of Iowa · 1904
- Field v. Eastern Building & Loan Ass'nSupreme Court of Iowa · 1902
- Banker's Mutual Casualty Co. v. First National BankSupreme Court of Iowa · 1906
- Home Insurance v. North Western Packet Co.Supreme Court of Iowa · 1871
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3Cited by3 opinions
- Marshalltown Stone Co. v. Des Moines Brick Manufacturing Co.Supreme Court of Iowa · 1910
- Iowa Federation of Women's Clubs v. DilleySupreme Court of Iowa · 1944
- Hawkeye Securities Fire Insurance v. Central Trust Co.Supreme Court of Iowa · 1929