Legal Opinion

J. I. Case Threshing Machine Co. v. Fisher

Supreme Court of Iowa

Decided September 29, 1909PublishedCited by 8 opinions

Appeal from Polk District Court. — Hon. Jesse A. Miller, Judge. Action on promissory notes. Counterclaims for commissions on the sale of machines for plaintiff and for money agreed, to be paid. * There was no defense to the notes, but on the counterclaims there was a trial to a jury and verdict in defendants’ favor for $950.44. The court sustained plaintiff’s motion for new trial.so far as it applied to one of the items of counterclaim, and rendered judgment in defendants’…

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Appeal from Polk District Court. — Hon. Jesse A. Miller, Judge. Action on promissory notes. Counterclaims for commissions on the sale of machines for plaintiff and for money agreed, to be paid. * There was no defense to the notes, but on the counterclaims there was a trial to a jury and verdict in defendants’ favor for $950.44. The court sustained plaintiff’s motion for new trial.so far as it applied to one of the items of counterclaim, and rendered judgment in defendants’ favor for $577.27. Plaintiff appeals from this judgment, and defendants appeal from the ruling granting a new trial as to…

1Opinion of the CourtMcClain, J.

Issues as to the three separate counterclaims were submitted to the jury, and the only questions presented on the appeals relate to the submission and determination of these issues. The facts which were without dispute were that from 1900 to the time of bringing suit defendants were local agents for plaintiff at Underwood for the sale on commission of wind stackers manufactured by plaintiff. Defendants were at the same time engaged in selling on commission for the Russell Wind Stacker Company similar machines. Both plaintiff and the Russell Company were manufacturing these machines under…

2Cases cited2 opinions

  1. Gillett v. Board of SupervisorsIllinois Supreme Court · 1873
  2. Quirk v. MullerMontana Supreme Court · 1894

3Cited by8 opinions

  1. Larimer v. PlatteSupreme Court of Iowa · 1952
  2. Jelsma v. EnglishSupreme Court of Iowa · 1930
  3. Keller v. GartinSupreme Court of Iowa · 1935
  4. Thatcher v. DarrWyoming Supreme Court · 1921
  5. McCarville v. ReamSupreme Court of Iowa · 1955

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