Burnside & Co. v. Rawson & Co.
Supreme Court of Iowa
Appeal from, Delaware Circuit Court. Monday, December 15. The petition alleges that defendants, a firm doing business in the city of New York, sold, through their agents, to the plaintiffs, at Manchester, Iowa, a large amount of goods, and that defendants refused to deliver the same to plaintiffs, to their damage, in the sum of $100. The defendants, for answer, deny the alleged sale. Trial hy the court. Judgment for plaintiffs. Defendants appeal.
Read the full summary
Appeal from, Delaware Circuit Court. Monday, December 15. The petition alleges that defendants, a firm doing business in the city of New York, sold, through their agents, to the plaintiffs, at Manchester, Iowa, a large amount of goods, and that defendants refused to deliver the same to plaintiffs, to their damage, in the sum of $100. The defendants, for answer, deny the alleged sale. Trial hy the court. Judgment for plaintiffs. Defendants appeal. The material facts are disclosed in the opinion.
1Opinion of the CourtDay, J.
I. Upon the trial it appeared that an order for the goods was given to O. E. Babcock, the agent for defendants, at Manchester, Iowa. The contract for the purchase of the goods was not in writing; no part of them was delivered, and no part of the purchase price was paid.
C. Burnside, upon the part of plaintiffs, testified to the purchase of the goods, and the refusal of defendants to deliver them.
The defendants moved to exclude the testimony of Burnside as to the items of goods bought of defendants. The court overruled the motion. It should have been sustained. The contract is within the…
2Cases cited1 opinion
- Partridge v. WilseySupreme Court of Iowa · 1859
3Cited by3 opinions
- Deitrick v. SinnottSupreme Court of Iowa · 1920
- Quaker Oats Co. v. KidmanSupreme Court of Iowa · 1920
- Bullock & Co. v. TschergiUnited States Circuit Court · 1882