Legal Opinion

Sutton v. Risser

Supreme Court of Iowa

Decided February 3, 1898PublishedCited by 7 opinions

Appeal from .Polk District Court. — Hon. Thomas E. Stevenson, Judge. Action to recover upon an agreement in writing for the delivery of merchandise. The defendants allege a mistake in the agreement, and ask that it be corrected. The action was tried as in equity, and a decree was rendered in favor of the defendants. The plaintiff appea Is.

1Opinion of the Court

Robinson, J.-

1 The agreement in suit was made by the plaintiff .and the defendants' under the firm name of O. E. Risser & Bro., and as signed contains the following: “C. E. Risser & Bro. have this day bargained and sold to. J. L. Sutton ■six thousand dollars worth of goods, of which five thousand dollars i® ladies’ cloaks', of various sizes and styles, which is now in stock in store, and one thousand dollars in dress trimmings, fancy goods, .and notions, and one 'hundred and ninety-seven dollars in cash No damaged goods to be taken. Said goods to be invoiced at wholesale or cost price. And…

2Cases cited5 opinions

  1. McCormack v. MolburgSupreme Court of Iowa · 1876
  2. Wallace v. Chicago, St. Paul, Minneapolis & Omaha R'y Co.Supreme Court of Iowa · 1885
  3. McKinney v. HerrickSupreme Court of Iowa · 1885
  4. Pryce v. StatlerSupreme Court of Iowa · 1875
  5. Jenkins v. Clyde Coal Co.Supreme Court of Iowa · 1891

3Cited by7 opinions

  1. Midland Mortgage Co. v. RiceSupreme Court of Iowa · 1924
  2. Dashiel v. HarshmanSupreme Court of Iowa · 1901
  3. Polson Logging Co. v. NeumeyerCourt of Appeals for the Ninth Circuit · 1916
  4. Connecticut Fire Ins. v. Oakley Improved Building & Loan Co.Court of Appeals for the Sixth Circuit · 1936
  5. Wait v. McKibbenSupreme Court of Kansas · 1914

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