Legal Opinion

Sage v. Nichols

Supreme Court of Iowa

Decided April 26, 1879PublishedCited by 7 opinions

Appeal from Hardin Circuit Court. The petition states that the defendants are justly indebted to the plaintiffs “in the sum of two thousand one hundred and seventy-one dollars on account for goods, wares and merchandise sold and delivered to said defendants at their'special instance and request, on twelve months’ time, as will more fully appear by a copy of the account hereto attached.” The account is omitted from the abstract.

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Appeal from Hardin Circuit Court. The petition states that the defendants are justly indebted to the plaintiffs “in the sum of two thousand one hundred and seventy-one dollars on account for goods, wares and merchandise sold and delivered to said defendants at their'special instance and request, on twelve months’ time, as will more fully appear by a copy of the account hereto attached.” The account is omitted from the abstract. It is further stated that no part of the account has been paid except the sum of three hundred and thirty-eight dollars and forty-four cents. The defendants pleaded:…

1Opinion of the CourtSeevers, J.

— The report of the referee is as follows:

■i. befiokee : refeiTeS'bnck6 “1. That on or about August 1, 1871, plaintiffs sold and delivered to defendants eighteen farm wagons, for the agreed price of seventy-five dollars in farmers’ notes, or seventy dollars in cash; that said wagons were delivered in Elkhart, Indiana.

“2. That the claim of plaintiffs is not barred by the statute of limitations.
“3. That defendants were damaged because the wagons were not complete in the sum of seventy-five dollars.
“4. That the wagons were not as warranted, whereby defendants were damaged in the sum of three…

2Cases cited1 opinion

  1. Doyle v. ReillySupreme Court of Iowa · 1864

3Cited by7 opinions

  1. Feister v. KentSupreme Court of Iowa · 1894
  2. Stroup v. BridgerSupreme Court of Iowa · 1904
  3. Lyons v. HarrisSupreme Court of Iowa · 1887
  4. In re Assignment of Hooker & SonSupreme Court of Iowa · 1888
  5. Kossuth County State Bank v. RichardsonSupreme Court of Iowa · 1906

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