Blake v. Chas. Counselman & Co.

• Decision Date: 31 May 1895
• Citation: 95 Iowa 219,63 N.W. 679
• Court: Iowa Supreme Court
• Parties: BLAKE ET AL. v. CHAS. COUNSELMAN & CO.

95 Iowa 219

63 N.W. 679

BLAKE ET AL.

v.CHAS. COUNSELMAN & CO.

Supreme Court of Iowa.

May 31, 1895.

Appeal from district court, Webster county; N. B. Hyatt, Judge.

The amount in controversy being less than $100, the case is appealed by the defendant upon a certificate of the trial judge that it involves questions of law upon which the opinion of this court is desired. Judgment was rendered below in favor of the plaintiffs for $72.80 and costs.Botsford, Healy & Healy and Ranck & Wade, for appellant.

R. M. Wright and Blake & Mitchell, for appellees.

GIVEN, C. J.

1. The certificate of the trial judge is as follows: “It is desirable in the above-entitled cause that the following questions shall be passed upon by the supreme court of the state of Iowa upon the following undisputed facts as they appear on the trial: On or about the 15th day of March, 1891, the plaintiffs were the owners of a farm situated about two miles from the town of Callender, in Webster county, Iowa. Upon that date they rented to one Kollansrud, by a written lease, said premises for the term ending March 1, 1892, with the rent reserved of $240, evidenced by a promissory note, which became due January 1, 1892. During the months of October, November, and December of 1891, and January, February, and March of 1892, Counselman & Co. were grain buyers located in the town of Callender, Iowa. During the months of November and December of 1891, and January and February of 1892, the tenant Kollansrud delivered to the defendants, at their warehouse in Callender, 301 bushels of corn, about 200 bushels of which were delivered between the 5th and 15th of February, 1892; the remaining 101 bushels were thus delivered at various times during said months up to the 15th day of February. There was no contract between Kollansrud, the tenant, and the defendants for any particular amount of corn, but each load was purchased and delivered by itself, and mostly settled for as delivered. Every bushel of corn thus delivered had been paid for to Kollansrud, the tenant, on the 15th day of February, 1892. The defendants, Counselman & Co., had no actual knowledge or other notice except as the law may imply that this corn was raised upon leased premises, or that Kollansrud was a tenant on plaintiffs' land, or that plaintiffs had any lien thereon. On the 18th day of February, 1892, the plaintiffs demanded of the defendants a settlement for said corn. It appeared by the evidence that plaintiffs visited the farm in question in November, 1891, at the time when tenant was at work in the field, husking corn. The plaintiffs at that time knew that the tenant had sold and delivered almost the entire crop of oats raised by him that season upon the place, and had appropriated the proceeds. They made no attempt to investigate or to look up the oats, and gave no direction to the tenant as to the disposition of the corn, and no inquiry as to...