Harrison v. Charlton
Supreme Court of Iowa
Appeal from, Washington District Court. This is an action to recover the sum .of $218.87, an alleged balance due for lumber sold to defendant. The defendant, by way of counter-claim, alleges that he made a contract of purchase of plaintiff’s lumber yard in Washington, Iowa, for which he was to pay Washington prices, with 12 per cent off. That it was agreed at the time of purchase that plaintiff should add no lumber to the stock then in the yard.
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Appeal from, Washington District Court. This is an action to recover the sum .of $218.87, an alleged balance due for lumber sold to defendant. The defendant, by way of counter-claim, alleges that he made a contract of purchase of plaintiff’s lumber yard in Washington, Iowa, for which he was to pay Washington prices, with 12 per cent off. That it was agreed at the time of purchase that plaintiff should add no lumber to the stock then in the yard. That plaintiff, in violation of his agreement, added a large amount of lumber of inferior grade, which was included in the invoice and sold to…
1Opinion of the CourtDay, J.
1. EVIDENCE: testimony of deceased witness. I. Upon the former trial A. R. Ellis, now deceased, gave important testimony respecting the lumber purchased and added to the yard, after defendant’s contract of purchase, and the price paid therefor, The defendant introduced one G. G. Bennett, his *575attorney at the former trial, for the purpose of proving by him the testimony of this deceased witness.
• Bennett testified, referring to a copy of the schedule attached to defendant’s amended -cross-petition, that Ellis testified upon the former trial that plaintiff through his agent bought in Muscatine…
2Cases cited1 opinion
- St. John v. WallaceSupreme Court of Iowa · 1868
3Cited by12 opinions
- Small v. C., R. I. & P. R.Supreme Court of Iowa · 1881
- State v. FitzgeraldSupreme Court of Iowa · 1884
- Haman v. PrestonSupreme Court of Iowa · 1919
- State v. O'BrienSupreme Court of Iowa · 1890
- Dedric v. HopsonSupreme Court of Iowa · 1883
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