Hartung v. Oldfield
Supreme Court of Iowa
Appeal from Calhoun District Court.— Hon. Z. A. Church, Judge. Oldfield Bros, had been engaged in the mercantile business at Rockwell City for some years prior to April 25, 1903, at which time plaintiff bought a half interest therein, and, with the defendant, formed a partnership under the firm name of Oldfield & Bhrtung. On the 12th day of August of the same year a sale of the entire stock was made to J. Reed & Son. The negotiations were conducted entirely by the defendant.
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Appeal from Calhoun District Court.— Hon. Z. A. Church, Judge. Oldfield Bros, had been engaged in the mercantile business at Rockwell City for some years prior to April 25, 1903, at which time plaintiff bought a half interest therein, and, with the defendant, formed a partnership under the firm name of Oldfield & Bhrtung. On the 12th day of August of the same year a sale of the entire stock was made to J. Reed & Son. The negotiations were conducted entirely by the defendant. The partnership accounts were settled between them, save the item in dispute. The nature of this will appear from the…
1Opinion of the CourtLadd, J.
The sale of the stock of merchandise by Oldfield & Hartung to J. Reed & Son was negotiated by the defendant with Dana Reed. According to the written agreement, the purchase price was the cost at wholesale, with one and one-half per cent, added on all goods on which freight had not been prepaid by the consignor; $5,000 to be paid upon the completion of the invoice, and' the balance September 20, 1901. Besides this, Reed & Son paid defendant $350, and this item is the subject of the present controversy; the plaintiff contending it was in part payment of the stock of goods, and the defendant…
2Cited by2 opinions
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