Curtiss v. City of Waterloo
Supreme Court of Iowa
Appeal from Black Hawk District Court. On Nov. 16, 1871, plaintiff filed bis petition alleging that be bad contracted with tbe defendant for tbe manufacture and delivery of a certain power pump; that the contract was made by a communication, of which tbe following is a copy: “ To the City Council of Waterloo, Iowa: We are prepared to furnish tbe city with a power pump of our improved form, upon tbe following conditions: 1st. Tbe pump shall, be in every respect substantial.…
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Appeal from Black Hawk District Court. On Nov. 16, 1871, plaintiff filed bis petition alleging that be bad contracted with tbe defendant for tbe manufacture and delivery of a certain power pump; that the contract was made by a communication, of which tbe following is a copy: “ To the City Council of Waterloo, Iowa: We are prepared to furnish tbe city with a power pump of our improved form, upon tbe following conditions: 1st. Tbe pump shall, be in every respect substantial. 2d. It shall force water with less power than any pump of like capacity now in tbe market. 3d. Tbe Council shall…
1Opinion of the CourtCole, J.
i estoppel* contract. — I. It is first insisted that the proposition and the resolution of acceptance do not constitute a contract, for the acceptance is not in the very terms of the proposition. The resolution and negotiations were with the plaintiff' individually, and the recognition of him as the contracting party, would seem to preclude any objection that he is not the person making the proposition.
The resolution of acceptance is very direct and positive. That it contains the phrase “ using the gearing formerly used with the Rotary Pump returned,” as italicised by appellant’s counsel in…
2Cited by4 opinions
- Hood v. Hampton Plains Exploration Co.U.S. Circuit Court for the District of Nevada · 1901
- Murphy v. BrownSupreme Court of Iowa · 1961
- Meader v. AllenSupreme Court of Iowa · 1900
- Stewart & Johnson v. HerronOhio Supreme Court · 1907