(Download) "Miller v. Armstrong" by Supreme Court Of Iowa. * eBook PDF Kindle ePub Free

June 01, 2021

eBook details

Title: Miller v. Armstrong
Author : Supreme Court Of Iowa.
Release Date : January 28, 1944
Genre: Law,Books,Professional & Technical,
Pages : * pages
Size : 53 KB

Description

This suit in equity, alleging an oral agreement between plaintiff and defendant, was transferred to law and tried to the court. Plaintiffs petition alleged under the agreement of about January 1, 1953, "defendant was to purchase eggs from producers in and about Volga, Iowa, and using funds therefor provided by plaintiff" and that "as soon as a quantity of eggs had been accumulated a shipment thereof was to be made to plaintiff and a sight draft" was to be "drawn on plaintiff by (defendant) for the cases of eggs shipped and the bank account of plaintiff would thereby be reimbursed for the cost of the eggs shipped. That all of said eggs were to be candled according to law." The pertinent part of the petition further stated that pursuant to the agreement plaintiff made available to defendant on January 1, 1953, an account in the Volga State Bank in the sum of $3385.70, and that between the dates of January 1, 1953, and June 22, 1953, the defendant purchased 2982 cases of eggs and paid for them from funds provided by plaintiff in the sum of $36,851.99; that during the same period only 2907 cases of eggs were shipped to plaintiff and sight drafts of $36,172.20 drawn on plaintiff therefor; that the difference of $679.79 was unaccounted for and was due plaintiff. An audit was made on or about the 22d of June, 1953, disclosing the shortage. Defendants answer affirmed the deposit of proceeds in the plaintiffs account [249 Iowa Page 76]