Wile, Weill & Co. v. Denison Clothing Co.
Supreme Court of Iowa
Appeal from Crawford District Court. — Hon. F. M. Powers, Judge. Action for balance on account for goods and merchandise sold and delivered. Defendants Denison Clothing Com'pany and Julius Sonbsen filed separate answers, denying, any- indebtedness to plaintiff and pleading payment and- set-; tlement. They also -filed equitable answers and counterclaims,-■ which will be referred to in the body of the opinion.
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Appeal from Crawford District Court. — Hon. F. M. Powers, Judge. Action for balance on account for goods and merchandise sold and delivered. Defendants Denison Clothing Com'pany and Julius Sonbsen filed separate answers, denying, any- indebtedness to plaintiff and pleading payment and- set-; tlement. They also -filed equitable answers and counterclaims,-■ which will be referred to in the body of the opinion. Upon, the issues joined, the trial court found that plaintiff’s account had been settled and paid, and rendered judgment for defendant Sonbsen against the plaintiff in the sum of…
1Opinion of the CourtDeemer, J.
Plaintiffs are wholesale clothing merchants doing business in the city of Buffalo, N. Y., and their action is for goods and merchandise sold and delivered to the DenisonClothing Company when one C. C. Kemming was doing business in that name, and for goods sold and delivered said company when the firm of Kemming & Sonbsen were doing busi--ness in that name.' Defendants clothing company and' Sonbsen deny liability for any goods sold Kemming while he was doing business in the name of the company, and admitted only the last two items of plaintiff’s account, amounting to $301.50. They also averred…
2Cases cited2 opinions
- Brewster v. ReelSupreme Court of Iowa · 1888
- Janney v. Springer & WillardSupreme Court of Iowa · 1889
3Cited by2 opinions
- Proctor v. NorrisMassachusetts Supreme Judicial Court · 1934
- Peterson Co. v. FreeburnSupreme Court of Iowa · 1927