D. Sachs & Sons v. Garner
Supreme Court of Iowa
Appeal from Samson District Court. — IIon. William Hutchinson, Judge. Action in equity for two- hundred and ten dollars and seventy-nine cents on account of whisky sold in 1897, and to subject certain notes deposited as collateral security to-the payment thereof.
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Appeal from Samson District Court. — IIon. William Hutchinson, Judge. Action in equity for two- hundred and ten dollars and seventy-nine cents on account of whisky sold in 1897, and to subject certain notes deposited as collateral security to-the payment thereof. The answer averred these sales to-have been made in Iowa, and in contravention of its laws; and in a counterclaim filed the defendant asked judgment, for four hundred and ten dollars and sixty-three cents previously paid plaintiff for whisky. Decree for the plaintiff as prayed, and dismissing the counterclaim. The defendant appeals.
1Opinion of the CourtLadd, J.
It appears that oral orders were given by the defendant for whisky to be shipped by the plaintiff from Louisville, Ky., to Persia, Iowa; the freight to be paid by *425liim in the first instance, and subsequently deducted from the purchase price to be handed to plaintiff’s traveling salesman; or remitted to the house according to his choice. The salesman taking these orders sent written memoranda thereof noting time of shipment, and on some of them were stamped the wor.ds, “This sale is not complete until approved by D. Sachs & Sons.” This is not important, however, for the reason that the…
2Cases cited5 opinions
- Tegler & Co. v. ShipmanSupreme Court of Iowa · 1871
- Wind v. Iler & Co.Supreme Court of Iowa · 1895
- Engs & Sons v. PriestSupreme Court of Iowa · 1884
- Whitlock v. Workman & Co.Supreme Court of Iowa · 1863
- Gross v. FeehanSupreme Court of Iowa · 1899
3Cited by4 opinions
- J. T. S. Brown & Sons v. WielandSupreme Court of Iowa · 1902
- Service System, Inc. v. JohnsSupreme Court of Iowa · 1928
- P. J. Bowlin Liquor Co. v. BrandenburgSupreme Court of Iowa · 1906
- J. & J. Eager Co. v. BurkeSupreme Court of Connecticut · 1902