Waltham Piano Co. v. Freeman

CourtUnited States State Supreme Court of Iowa
Writing for the CourtLADD
Citation141 N.W. 403,159 Iowa 567
PartiesWALTHAM PIANO CO. v. FREEMAN.
Decision Date15 May 1913

159 Iowa 567
141 N.W. 403

WALTHAM PIANO CO.
v.
FREEMAN.

Supreme Court of Iowa.

May 15, 1913.


Appeal from District Court, Tama County; C. B. Bradshaw, Judge.

Action for purchase price of pianos, in which a counterclaim was interposed. Judgment was entered for less than plaintiff prayed, and therefrom it appeals. Reversed.

[141 N.W. 403]

Willett & Willett, of Tama, and Crosby & Fordyce, of Cedar Rapids, for appellant.

Redmond & Stewart, of Cedar Rapids, and Struble & Stiger, of Toledo, for appellee.


LADD, J.

The defendant handles pianos as jobber and retailer at Cedar Rapids. By written contract he purchased 15 pianos of plaintiff, who shipped them to Toledo, where the latter undertook to conduct a special sale thereof, and to sell 60 per cent. of the same. It was to receive for such service 10 per cent. of the gross amount of the business done, and defendant was to furnish the board of plaintiff's salesman, advertising, and other expenses. Pianos were not disposed of as anticipated, and a controversy arose, whereupon this action for the purchase price of the pianos, $1,685, commissions in the sum of $47.50, and expenses amounting to $32.88 was begun aided by attachment. The defendant admitted his liability for the pianos, but put in issue the claims for expenses and commissions, and by way of counterclaim alleged that the writ of attachment was sued out wrongfully and maliciously, because of which he prayed both actual and exemplary damages. Allowance for certain expenses also was asked. Several errors are assigned, and these may be disposed of in the order argued.

1. The court withdrew from the jury the claim for commissions. By the terms of the contract plaintiff was entitled to a “commission of ten per cent. on the gross amount of all business done” at the special sale while being conducted by it, and the evidence tended to show that at least one and possibly two pianos were sold during that period. True, plaintiff's manager, though participating in negotiating these sales, did not complete them, but this was not essential in order to have earned the commission. It was enough if the sales were made in connection with and as a part of the business transacted at the special sale, and the evidence was sufficient to carry this issue to the jury. Of course, it should have been submitted in connection with the issues raised as to which party actually breached the contract by which the special sale was discontinued. The evidence may be more definite as to when these sales were effected on another trial, and if it appears that these occurred during the special sale, and that plaintiff did not breach the contract under which the special sale was being conducted, then these items should be allowed.

2. One of the items of damages alleged in the...

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11 practice notes
  • Amos v. Prom, Civ. No. 571.
    • United States
    • United States District Courts. 8th Circuit. Northern District of Iowa
    • September 30, 1953
    ...damages; Soesbe v. Lines, 1917, 180 115 F. Supp. 132 Iowa 943, 164 N.W. 129, 25:1 ratio excessive; Waltham Piano Co. v. Freeman, 1913, 159 Iowa 567, 141 N.W. 403; Welsh v. Haleen, 1912, 157 Iowa 647, 138 N.W. 502; International Harvester Co. v. Iowa Hardware Co., 1909, 146 Iowa 172, 122 N.W......
  • United States v. Dressler, No. 7171.
    • United States
    • United States Courts of Appeals. United States Court of Appeals (7th Circuit)
    • May 28, 1940
    ...146, 203 P. 56; Pittsburgh, C. C. & St. L. Ry. Co. v. Collins, 168 Ind. 467, 80 N.E. 415; Waltham Piano Co. v. Freeman, 159 Iowa, 567, 141 N.W. 403; Broadway Bldg. Co. v. Saladino, 81 Misc. 73, 142 N.Y.S. 1076; Johnson v. Seel, 26 N.D. 299, 144 N.W. 237; Chicago R. I. & P. Ry. Co. v. Brown,......
  • Vowles v. Yakish, No. 32668.
    • United States
    • United States State Supreme Court of Iowa
    • October 4, 1920
    ...168 Iowa, 59, 150 N. W. 17, Ann. Cas. 1918C, 1126;Ahrens v. Fenton, 138 Iowa, 559, 115 N. W. 233;Walthan Co. v. Freeman, 159 Iowa, 567, 141 N. W. 403;Jolly v. Doolittle, 169 Iowa, 658, 149 N. W. 890;Andreas v. Hinson, 157 Iowa, 43, 137 N. W. 1004, and cases cited; Dahl v. Hansen, 152 Iowa, ......
  • Reinwaldt v. Hulsebus, No. 33683.
    • United States
    • United States State Supreme Court of Iowa
    • May 9, 1922
    ...them Ahrens v. Fenton, 138 Iowa, 559, 115 N. W. 233;Chapman v. Pfarr, 145 Iowa, 196, 123 N. W. 992;Piano Co. v. Freeman, 159 Iowa, 567, 141 N. W. 403;Cain v. Osler, 168 Iowa, 59, 150 N. W. 17, Ann. Cas. 1918C, 1126;Soesbe v. Lines, 180 Iowa, 943, 164 N. W. 129;Haines v. Welker, 182 Iowa, 43......
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11 cases
  • Amos v. Prom, Civ. No. 571.
    • United States
    • United States District Courts. 8th Circuit. Northern District of Iowa
    • September 30, 1953
    ...damages; Soesbe v. Lines, 1917, 180 115 F. Supp. 132 Iowa 943, 164 N.W. 129, 25:1 ratio excessive; Waltham Piano Co. v. Freeman, 1913, 159 Iowa 567, 141 N.W. 403; Welsh v. Haleen, 1912, 157 Iowa 647, 138 N.W. 502; International Harvester Co. v. Iowa Hardware Co., 1909, 146 Iowa 172, 122 N.W......
  • United States v. Dressler, No. 7171.
    • United States
    • United States Courts of Appeals. United States Court of Appeals (7th Circuit)
    • May 28, 1940
    ...146, 203 P. 56; Pittsburgh, C. C. & St. L. Ry. Co. v. Collins, 168 Ind. 467, 80 N.E. 415; Waltham Piano Co. v. Freeman, 159 Iowa, 567, 141 N.W. 403; Broadway Bldg. Co. v. Saladino, 81 Misc. 73, 142 N.Y.S. 1076; Johnson v. Seel, 26 N.D. 299, 144 N.W. 237; Chicago R. I. & P. Ry. Co. v. Brown,......
  • Vowles v. Yakish, No. 32668.
    • United States
    • United States State Supreme Court of Iowa
    • October 4, 1920
    ...168 Iowa, 59, 150 N. W. 17, Ann. Cas. 1918C, 1126;Ahrens v. Fenton, 138 Iowa, 559, 115 N. W. 233;Walthan Co. v. Freeman, 159 Iowa, 567, 141 N. W. 403;Jolly v. Doolittle, 169 Iowa, 658, 149 N. W. 890;Andreas v. Hinson, 157 Iowa, 43, 137 N. W. 1004, and cases cited; Dahl v. Hansen, 152 Iowa, ......
  • Reinwaldt v. Hulsebus, No. 33683.
    • United States
    • United States State Supreme Court of Iowa
    • May 9, 1922
    ...them Ahrens v. Fenton, 138 Iowa, 559, 115 N. W. 233;Chapman v. Pfarr, 145 Iowa, 196, 123 N. W. 992;Piano Co. v. Freeman, 159 Iowa, 567, 141 N. W. 403;Cain v. Osler, 168 Iowa, 59, 150 N. W. 17, Ann. Cas. 1918C, 1126;Soesbe v. Lines, 180 Iowa, 943, 164 N. W. 129;Haines v. Welker, 182 Iowa, 43......
  • Request a trial to view additional results

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