Hansen v. Consumers' Steam Heating Co.
Supreme Court of Iowa
Appeal from Dubuque District Oourt. This is an action on account for an alleged balance due plaintiffs for coal sold and delivered by them to defendant.
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Appeal from Dubuque District Oourt. This is an action on account for an alleged balance due plaintiffs for coal sold and delivered by them to defendant. It is admitted in the pleadings that the parties entered into a parol contract, whereby plaintiffs undertook to furnish, at specified prices per ton, all of the coal which defendant should require in its business during the winter of 1884-85. The coal was to be delivered on the track, in car-lots of from one to three cars per day. Plaintiffs alleged that one of the conditions of the contract was that defendant should pay for all of the coal…
1Opinion of the CourtReed, J.
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The verdict of the jury determines that defendant was bound, under the contract, to pay for the coal which should be' delivered during any month, on the 10th day of the following month. The important question in the case is whether plaintiffs had the right, on the failure or refusal of defendant to pay, at the time stipulated, for the coal which *79had then been delivered, to terminate the contract. The district court instructed the jury that if the agreement as to the time of payment was as claimed by plaintiffs, they had the right, on the occurrence of a breach of defendant’s undertaking in…
2Cases cited1 opinion
- Myer v. Wheeler & Co.Supreme Court of Iowa · 1884
3Cited by15 opinions
- Quarton v. American Law Book Co.Supreme Court of Iowa · 1909
- State v. BrunetteNorth Dakota Supreme Court · 1914
- McCurry v. . PurgasonSupreme Court of North Carolina · 1915
- Huntington & Finke Co. v. Lake Erie Lumber & Supply Co.Ohio Supreme Court · 1924
- Coal Co. v. . Ice Co.Supreme Court of North Carolina · 1904
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