Drake v. Vorse

• Decision Date: 04 December 1879
• Parties: P. E. DRAKE, APPELLEE, v. A. S. VORSE, APPELLANT.
• Court: Iowa Supreme Court

52 Iowa 417

3 N.W. 465

P. E. DRAKE, APPELLEE,

v.A. S. VORSE, APPELLANT.

Supreme Court of Iowa.

Filed December 4, 1879.

Appeal from Wapello circuit court.

Action to recover for damages alleged to have been sustained by plaintiff by reason of the failure of the defendant to take and pay for certain castings according to the terms of a certain contract existing between the parties.

In January, 1873, the defendant was engaged in the manufacture of school furniture, and the plaintiff was engaged in the manufacture of castings for school furniture. They accordingly entered into a contract, whereby the plaintiff agreed to make for defendant all the castings he should want for the year of 1873--the contract being in the following words:

I hereby agree to make all the school-seat castings that A. S. Vorse may want during the year 1873, at six cents per pound, except ink-well covers, and them at three cents each, deliverable on the cars in Eddyville, Iowa. Payments cash on delivery.

+------------------------+
                ¦[Signed,]¦“P. E. DRAKE. ¦
                +------------------------+
                

A. S. VORSE.”

Under this contract the plaintiff supplied the defendant with such castings as he ordered, (though not always of the proper quality,) until sometime in May, when defendant entered into a partnership with one Goodhue, for the purpose of carrying on the business of manufacturing school furniture; the arrangement between them being that Goodhue should purchase material and superintend the work, while the defendant should travel for the purpose of making sales. From that time the defendant refused to receive any more castings from the plaintiff, and none were received by him nor by the firm of which he was a member; that plaintiff claims that if defendant had taken and paid for all the castings he wanted, in accordance witn the terms of the contract, she would have made a net profit of $3,000 more than she did make, and she brings this action to recover that amount.

The case was referred to a referee, who reported that he found that the castings provided for in the contract could have been made at four and one-half cents per pound; that defendant Vorse would have used in his business during the year 1873, if he had not entered into partnership with Goodhue, about $2,600 worth of castings, and that plaintiff was damaged by reason of the refusal of the defendant to receive castings from plaintiff in the sum of $532.75.”

He further reported that he found that “some of the castings furnished by plaintiff to defendant were not of so good material nor as well finished as the defendant had a right to have furnished him under the contract, and that he should be allowed the sum of $50 as damages.

He reported, as a conclusion of law, that the plaintiff was entitled to recover $482.75. The defendant...