Myer v. Wheeler & Co.
Supreme Court of Iowa
Appeal from, Bcott Circuit Cou/rt. Plaintiffs brought this action to recover the price of a car-load of barley. They allege in their petition that they contracted with defendants to sell and deliver to them on track, at Calmar, Iowa, ten car-loads of barley, at seventy cents per bushel, — said barley to be of substantially the same quality as certain other barley which they had theretofore sold to defendants, — and that, in pursuance of said contract, they delivered to…
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Appeal from, Bcott Circuit Cou/rt. Plaintiffs brought this action to recover the price of a car-load of barley. They allege in their petition that they contracted with defendants to sell and deliver to them on track, at Calmar, Iowa, ten car-loads of barley, at seventy cents per bushel, — said barley to be of substantially the same quality as certain other barley which they had theretofore sold to defendants, — and that, in pursuance of said contract, they delivered to defendants one car-load of barley, of the value of §343.8T, and that defendants refused and neglected to pay for the same on…
1Opinion of the CourtReed, J.
The case was tried to the court, and there was a finding of facts. The facts established by the finding of the court, which we deem material to the questions argued by counsel, are as follows: Plaintiff's reside and are engaged in business at Calmar, in this state, and defendants are engaged in business at Davenport. Each of the parties is engaged in buying and selling grain. On the seventh of September, 1881, defendants had in their possession a sample of barley which plaintiff's had sent to them. On that day plaintiff's wrote defendants that they had contracted ten car-loads of barley like…
2Cases cited5 opinions
- Reed v. . RandallNew York Court of Appeals · 1864
- Burge v. Cedar Rapids & Mo. R. R.Supreme Court of Iowa · 1871
- Aultman, Miller & Co. v. TheirerSupreme Court of Iowa · 1872
- Sawyer v. Chicago & Northwestern Railway Co.Wisconsin Supreme Court · 1868
- Elliott v. A. J. Stevess & Co.Supreme Court of Iowa · 1860
3Cited by28 opinions
- Miller & Co. v. Moore, Sims & Co.Supreme Court of Georgia · 1889
- Osgood v. Bauder & Co.Supreme Court of Iowa · 1888
- Quarton v. American Law Book Co.Supreme Court of Iowa · 1909
- McCurry v. . PurgasonSupreme Court of North Carolina · 1915
- S. Spiegal & Son v. AlpirnNebraska Supreme Court · 1921
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