Miller v. Electric Service Co.
Supreme Court of Iowa
Appeal from Linn District Court. — John T. Moeeit, Judge. The plaintiff is tbe assignee of one Herman Sonken. On January 4, 1917, Sonken, by phone, offered to sell defendant 336 telephone poles owned by Sonken, complete with cross-arms and braces, at $1.00 each. The offer was accepted in writing. The number of poles was ascertained, and after some deductions were agreed to, it was found that the amount of plaintiff’s claim was $325. He asks judgment for $325 and interest.
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Appeal from Linn District Court. — John T. Moeeit, Judge. The plaintiff is tbe assignee of one Herman Sonken. On January 4, 1917, Sonken, by phone, offered to sell defendant 336 telephone poles owned by Sonken, complete with cross-arms and braces, at $1.00 each. The offer was accepted in writing. The number of poles was ascertained, and after some deductions were agreed to, it was found that the amount of plaintiff’s claim was $325. He asks judgment for $325 and interest. The poles were duly delivered to defendant about February 1, 1917, and defendant has kept and used the poles. On February…
1Opinion of the CourtPreston, J.
i deeds • failure sequrat^ona^" fide purchasers, The controversy is over the poles referred to by defendant in its set-off. There is no controversy as to the poles claimed for by plaintiff, and no claim that they have been Pa^ ^or’ except as defendant claims the right to °®set- The poles sued for by plaintiff are not the same poles referred to by defendant in its counterclaim or set-off.
On June 30, 1917, Sonken, as owner, by Farmer, his agent, sold to defendant, by a written conveyance, which was recorded, a number of telephone poles, complete, less wire, between the towns of Coggon and…
2Cases cited14 opinions
- Fuller-Warren Co. v. HarterWisconsin Supreme Court · 1901
- Foley v. McKeeganSupreme Court of Iowa · 1856
- Cook v. C., B. & Q. R. Co.Supreme Court of Iowa · 1875
- Fischer v. Johnson Lane & Co.Supreme Court of Iowa · 1898
- Hatton v. CaleSupreme Court of Iowa · 1911
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3Cited by2 opinions
- Lutton v. StengSupreme Court of Iowa · 1929
- Salinger v. WinthouserSupreme Court of Iowa · 1925