Harris v. Rutledge
Supreme Court of Iowa
Appeal from Madison District Court. Weights and measures: perch of masonry defined: CUSTOM CANNOT CONTROL AN EXPRESS STATUTE: REFORMATION OF CONTRACT : PRACTICE IN SUPREME court. — This is an action by the plaintiff, a stone mason, for work and materials. The parties entered into a written contract, March 7, 1864, whereby the plaintiff agreed to furnish the materials and do the stone work of a house for the defendant.
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Appeal from Madison District Court. Weights and measures: perch of masonry defined: CUSTOM CANNOT CONTROL AN EXPRESS STATUTE: REFORMATION OF CONTRACT : PRACTICE IN SUPREME court. — This is an action by the plaintiff, a stone mason, for work and materials. The parties entered into a written contract, March 7, 1864, whereby the plaintiff agreed to furnish the materials and do the stone work of a house for the defendant. The dimensions of the house were subsequently enlarged at the defendant’s request, and it was also built higher than originally contemplated.. The claim by the plaintiff is for…
1Opinion of the CourtDillon, J.
i weights ah?bS?:as‘ percb' By tbe written contract tbe plaintiff agreed “to build one rock house, sixteen by eighteen feet in the c^ear> fu™shing everything, except woodwork, at $3.50 per perch." "When made, this contract was not stamped; but, under section 163 of the act of Congress, of June 30th, 1864 (Stat. at Large, 1863,1864, p. 218), it was post stamped on the trial. It thereby became as valid and binding between the parties as if it had been duly stamped at the time of execution. The contract nowhere specifies the amount or quantity of which “ a perch ” shall consist. On the trial,…
2Cases cited3 opinions
- Many v. Beekman Iron Co.New York Court of Chancery · 1841
- Pilmer v. Branch of State BankSupreme Court of Iowa · 1864
- Paull v. LewisSupreme Court of Pennsylvania · 1835
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- Brown v. Wyoming Butane Gas Co.Wyoming Supreme Court · 1949
- Hale Bros. v. MillikenCalifornia Court of Appeal · 1907
- Ex parte House v. MayesSupreme Court of Missouri · 1910
- Al Eppinger v. City of Cincinnati, Court of Common Pleas of Ohio, Hamilton County1914