Lord v. Gaddis
Supreme Court of Iowa
Appeal from the PolJc District Cowrt. On the 18th of August 1857, these parties entered into a written contract in relation to the sale of a certain stock of hardware.
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Appeal from the PolJc District Cowrt. On the 18th of August 1857, these parties entered into a written contract in relation to the sale of a certain stock of hardware. By this agreement, the plaintiff undertook to sell, and the defendant to purchase, the said stock, upon substantially the following terms: The property was to be inventoried, and defendant to pay the original cost and cost of transportation to Des Moines, and was to pay for the same in four equal instalments, due in six, nine, twelve and eighteen months, with ten per cent, interest. Eor the faithful performance of each and…
1Opinion of the Court
Weight, C. J.—
Two questions are presented for our determination:
And first, should the petition for the attachment have been presented to some one of the judges mentioned in sec. 1851, of the Code, that an allowance might be made thereon of the amount in value of the property to be attached. We think not. The language of this section is, that if the demand is not founded on contract, the original petition must be presented to some judge, &c. This aciion is founded on contract, and therefore is not governed by the section cited.
Rut it is urged that the damages are not settled, or liquidated, by…
2Cases cited1 opinion
- Johnson v. ButlerSupreme Court of Iowa · 1856
3Cited by4 opinions
- McGinn v. ButlerSupreme Court of Iowa · 1870
- Dickinson v. AtheySupreme Court of Iowa · 1895
- Tucker v. GreenSupreme Court of Kansas · 1882
- Swan v. SmithSupreme Court of Iowa · 1868