Boerner Fry Co. v. Mucci
Supreme Court of Iowa
Appeal from Pottawattamie District Court — Hon. O. D. Wheeler, Judge. The Plaintiff is a manufacturer of vanilla extract, residing at Iowa City. The defendant is a manufacturer and wholesale dealer in ice cream, residing at Council Bluffs.
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Appeal from Pottawattamie District Court — Hon. O. D. Wheeler, Judge. The Plaintiff is a manufacturer of vanilla extract, residing at Iowa City. The defendant is a manufacturer and wholesale dealer in ice cream, residing at Council Bluffs. In October, 1909, the defendant gave a written order to plaintiff for the purchase of 52 gallons of special vanilla extract at $3.50 per gallon, payable June 1, 1910. The order purported to be signed by the defendant and by W. C. Burge, a traveling salesman of the plaintiff. The goods having been delivered, the plaintiff brought this action upon the order.…
1Opinion of the CourtEvans, J.
The alleged errors complained of by appellant are such that it becomes necessary that we set out his answer and counterclaim, upon which the case was tried. We quote the same, as follows, from his additional abstract filed here:
April 14, 1911, defendant filed:
Amended and Substituted Answer.
Denying that plaintiff is a corporation; admits that on or about-he gave an order, in writing, to one W. C. Burge, plaintiff’s agent and traveling salesman, for barrel of special vanilla extract, in words and figures and at the price set out in plaintiff’s petition, and that the same was delivered to him.…
2Cases cited1 opinion
- Chicago Telephone Supply Co. v. Marne & Elkhorn Telephone Co.Supreme Court of Iowa · 1907
3Cited by5 opinions
- Pond v. AndersonSupreme Court of Iowa · 1950
- In Re Repp's EstateSupreme Court of Iowa · 1950
- Hinnah v. SeabaSupreme Court of Iowa · 1922
- Davis v. WalterSupreme Court of Iowa · 1966
- Leonard v. City of MuscatineSupreme Court of Iowa · 1940