Nash v. Beckman
Decision Date | 12 October 1892 |
Citation | 53 N.W. 228,86 Iowa 249 |
Parties | DUANE H. NASH, Appellee, v. BECKMAN & SCHROEDER, Appellants |
Court | Iowa Supreme Court |
Appeal from Palo Alto District Court.--HON. GEO H. CARR, Judge.
ACTION to recover the purchase price of two harrows and "extra parts" thereof, sold by the plaintiff to defendants, of the value of thirty-seven dollars and fifty cents. The defendants, answering, presented a counterclaim for a breach of the conditions of the sale, and claimed damages in the sum of one hundred dollars and interest. The court directed a verdict for the plaintiff, and from a judgment thereon the defendants appeal.--Dismissed.
Motion sustained, and appeal DISMISSED.
B. E Kelly, for appellants.
Soper Allen & Morling, for appellee.
There is no certificate of the district court as is required to give this court jurisdiction where the amount in controversy as shown by the pleadings, is less than one hundred dollars, because of which the appellee moves to dismiss the appeal. It is the amount of the counterclaim that is to control in this respect. The allegations of the answer in support of the counterclaim are to the effect that the harrows were warranted to the defendants to be well made, of good material, to do good work, etc., and were purchased by the defendants for sale to other parties. The answer states that the harrows were sold to other parties;
It is not the prayer but the facts alleged in the pleadings, from which the amount in controversy is to be ascertained. Cooper v. Dillon, 56 Iowa 367, 9 N.W. 302. Under the allegations...
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