Western White Bronze Co. v. Portrey

Plaintiff! is engaged in the manufacture and sale of bronze monuments at Des Moines, Iowa. In June, 1890, plaintiff, through one Anson Rising, its soliciting agent, obtained a written order from the defendants, for a monument, and afterwards, in pursuance thereof, the monument was manufactured and shipped to and-received by defendants. This is a suit to recover the contract price, the defenses being payment and novation. Plaintiff was unsuccessful in the court below, and it has brought the record here for review.

The facts relied upon to establish the defense of payment are these: At the time…