Harris v. Morgan
Supreme Court of Iowa
Appeal from Gass Circuit Cowrt. This is an action to recover damages for an alleged failure of tbe defendant to deliver 3,000 busbels of corn in compliance with a written contract. There was a trial by jury, and a verdict and judgment for the defendant. Plaintiff appeals.
1Opinion of the CourtRothrock, J.
The written contract in question is in these words:
“Lewis, Iowa, 2 — 26, 1881.
' “Received of B. P. Lewis the sum of twenty-five dollars in part payment, of three thousand bushels of dry, sound, shelled corn, free from dirt and ice, in township of Oass, county of Oass, State of Iowa, which I have this day sold them for twenty-five cents per bushel, delivered in our bins at Lewis Station on the O., R. I. & P. Railroad, to be delivered in May or June, by giving me ten days’ notice, before delivering, and I hereby guarantee that there are no liens nor encumbrances of any name or nature on the…
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