Marshalltown Stone Co. v. Des Moines Brick Manufacturing Co.
Supreme Court of Iowa
Appeal from Polk District Court. — Hon. Jesse A. Miller, Judge. Action on an alleged contract resulted in judgment as prayed. The defendant appeals.
1Opinion of the CourtLadd, J.
This case has been here twice before. On the first appeal, the contract as alleged in the petition was held not to be vulnerable to the grounds of a demurrer that it was without consideration and against public policy. 114 Iowa, 574. On the second appeal, entering judgment of a dismissal after setting aside, the verdict was adjudged error. 101 N. W. 1124. On the last trial, it appeared that plaintiff, a corporation, owned a stone quarry near *143Marshalltown in 1898, was selling “rubhie” therefrom, and had disposed of two or three carloads of stone, broken by hand. The spur track from the main…
2Cases cited5 opinions
- Beach v. WakefieldSupreme Court of Iowa · 1898
- Assignment of the Mutual Guaranty Fire Insurance v. BarkerSupreme Court of Iowa · 1899
- Twiss v. Guaranty Life Ass'nSupreme Court of Iowa · 1893
- Marshalltown Stone Co. v. Des Moines Brick Manufacturing Co.Supreme Court of Iowa · 1901
- Vermont Farm Machinery Co. v. De Sota Co-operative Creamery Co.Supreme Court of Iowa · 1909
3Cited by6 opinions
- Scott County v. Advance-Rumley Thresher Co.Court of Appeals for the Eighth Circuit · 1923
- Miller v. Register and Tribune Syndicate, Inc.Supreme Court of Iowa · 1983
- City of Abbeville v. Eureka Fire Hose Manufacturing Co.Supreme Court of Georgia · 1933
- Kellogg-Mackay Co. v. Havre Hotel Co.Court of Appeals for the Ninth Circuit · 1912
- Waters v. Disbrow & Co.Court of Appeals for the Eighth Circuit · 1934
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