Fay v. Fitzpatrick
Supreme Court of Iowa
Appeal from- Greene District Court.— Hon. Z. A. 'Church, Judge. Suit at law to recover money paid to the defendant for personal property which was never delivered to the plaintiff. Trial and judgment for the defendant. The plaintiff appeals.—
1Opinion of the CourtSherwin, C. J.
The plaintiff purchased of the defendant certain hay, then represented by the defendant to be in his' possession in a certain stack and ready for delivery. The plaintiff executed his note for the price thereof and delivered the same to the defendant, who negotiated it in due course, and it has since been paid. As a matter of fact, the defendant had sold all of thé hay in the stack in question before the pretended sale of a portion thereof to the plaintiff, and he was therefore unable to deliver the hay for which the plaintiff had paid, and did not deliver any part of it. The petition is in…
2Cases cited5 opinions
- Smith & Co. v. McLeanSupreme Court of Iowa · 1868
- Crabtree v. MessersmithSupreme Court of Iowa · 1865
- Laybourn v. SeymourSupreme Court of Minnesota · 1893
- Leek v. ChesleySupreme Court of Iowa · 1896
- Ruiter v. PlateSupreme Court of Iowa · 1889
3Cited by2 opinions
- Wong Wong v. Honolulu Skating Rink, Ltd.Hawaii Supreme Court · 1918
- Wong Wong v. Honolulu Skating Rink, Ltd.Court of Appeals for the Ninth Circuit · 1922