Kinser v. McMurray
Supreme Court of Iowa
Appeal from Wayne District Court. — H. K. Evans, Judge. Action brought at law to recover damages because of the alleged breach of a contract in the sale of wool, which defendants refused to accept. During the trial, plaintiff asked a reformation of the contract; and, by agreement of parties, the cause was transferred to the equity docket, the jury was discharged, and, by agreement, the case was tried to the court without a jury.
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Appeal from Wayne District Court. — H. K. Evans, Judge. Action brought at law to recover damages because of the alleged breach of a contract in the sale of wool, which defendants refused to accept. During the trial, plaintiff asked a reformation of the contract; and, by agreement of parties, the cause was transferred to the equity docket, the jury was discharged, and, by agreement, the case was tried to the court without a jury. The trial court found that the equities were with defendants, and dismissed plaintiff’s petition, at his costs. Plaintiff appeals.—
1Opinion of the CourtPreston, J.
— Plaintiff is a farmer, but had not had experience in raising sheep, except that, the year before the contract now in controversy, he had taken a smaller number of sheep from one of the' defendants on similar terms, and had performed the contract satisfactorily. On July 7,1918, plaintiff and defendants endeavored to negotiate the purchase and sale of about 400 sheep then in the railway stockyards at Corydon, Iowa. The negotiations failed of completion at that time, but later the same day, defendants came to plaintiff’s home near Promise City, some 15 miles from Corydon, and renewed the…
2Cases cited16 opinions
- Devlin v. Mayor of New YorkNew York Court of Appeals · 1875
- Boston Ice Co. v. PotterMassachusetts Supreme Judicial Court · 1877
- Rochester Lantern Co. v. Stiles & Parker Press Co.New York Court of Appeals · 1892
- Atlantic & North Carolina Railroad v. Atlantic & North Carolina Co.Supreme Court of North Carolina · 1908
- La Rue v. GroezingerCalifornia Supreme Court · 1890
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3Cited by6 opinions
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- In Re Estate of GroomsSupreme Court of Iowa · 1927
- Central Chrysler Plymouth, Inc. v. HoltSupreme Court of Minnesota · 1978
- C. L. Percival Co. v. SeaSupreme Court of Iowa · 1929
- Pacific Gas & Electric Co. v. Universal Electric & Gas Co.California Court of Appeal · 1928
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