McCormick Harvesting Machine Co. v. Markert
Supreme Court of Iowa
Appeal from Calhoun District Court. — Hon. Z. A. Church, Judge. Plaintiee’s petition is in equity. It recites, in substance, that defendant ordered from it a harvester and binder, to be delivered at Manson on or before July 1, 1897; that he agreed to pay therefor the sum of one hundred and /thirty-five dollars, as follows: Twenty dollars on the first day of July, 1897, and the remainder in three equal installInents, payable January 1st of the years 1898, 1899, and 1900,…
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Appeal from Calhoun District Court. — Hon. Z. A. Church, Judge. Plaintiee’s petition is in equity. It recites, in substance, that defendant ordered from it a harvester and binder, to be delivered at Manson on or before July 1, 1897; that he agreed to pay therefor the sum of one hundred and /thirty-five dollars, as follows: Twenty dollars on the first day of July, 1897, and the remainder in three equal installInents, payable January 1st of the years 1898, 1899, and 1900, respectively. It is further averred that plaintiff performed its part of the contract, and tendered the machine to defendant…
1Opinion of the CourtWaterman, J.
1 Defendant demurred to the petition on the ground that the facts stated therein disclosed that the action was cognizable at law, and not in equity. This demurrer was overruled, as we think, properly. The question presented could not be raised by demurrer. Bibbins v. Clark, 90 Iowa, 230, 241.
2 II. After the ruling on demurrer, defendant filed an answer, and thereafter a motion to transfer the cause to the law docket. The motion was overruled. We think the court erred .in this ruling. That this is a law action, pure and simple, needs no argument to show; and we know of no reason for saying…
2Cases cited8 opinions
- Bibbins v. W. W. Clark & Co.Supreme Court of Iowa · 1894
- Moline Scale Co. v. BeedSupreme Court of Iowa · 1879
- Muscatine Water Co. v. Muscatine Lumber Co.Supreme Court of Iowa · 1892
- Hooker v. HydeWisconsin Supreme Court · 1884
- Griffin v. BristleSupreme Court of Minnesota · 1888
3 more not listed; retrieve them via the Exa API.
3Cited by20 opinions
- Oklahoma Vinegar Co. v. Carter & FordSupreme Court of Georgia · 1902
- Hankins v. YoungSupreme Court of Iowa · 1916
- Port Huron MacHinery Co. v. WohlersSupreme Court of Iowa · 1928
- Courtney Shoe Co. v. E. W. Curd & SonCourt of Appeals of Kentucky · 1911
- Cameron Coal & Mercantile Co. v. Universal Metal Co.Supreme Court of Oklahoma · 1910
15 more not listed; retrieve them via the Exa API.