91 Iowa 108 | Iowa | 1894
On the twenty-eighth day of March, 1891, the parties to this action entered into an agreement in writing of which the following is a copy:
“Peoria, III., March 26, 1891.
“Mr. Charles De France, Des Moines, Iowa.
1 “Dear Sir: — We propose to sell you our keg bottled beer, in refrigerator ears, delivered on track in Des Moines, from time to time, as you may order, on the following terms and conditions for the term of one year, viz.: Keg beer (ourbest brands), six dollars per barrel. Bottled beer ‘Amberlin,’ in cases, two dozen quarts, one dollar and sixty cents per case. Bottled beer, ‘Export,’ in cases, two dozen quarts, one dollar and forty cents per' case. After the first two cars, cash to accompany each subsequent order; thus allowing a credit for two cars. All empty kegs, cases and bottles are to be shipped back promptly, and at the end of six months from date, and, on the first settlement, all empties not in sight must be paid for at the following rates:
barrels C...................................$ 2.25 each.
(kegs) C........................................... 1.50 each.
% (ponies) C...................................... 1.00 each.
Cases C...............................................25 each.
Bottles (quarts) C............•......................50 per doz.
“If mutually agreed, this proposition may be renewed for a longer period.
“Yours, respectfully,
“Gtipps Brewing Company.
“Des Moines, Iowa, March 28, 1891.
“1 accept the above proposition.
“Charles De France.
“Des Moines, Iowa, March 28, 1891.
“We, the undersigned, hereby guaranty the faithful performance of all the stipulations and conditions of the above agreement, and the payment of all money due*110 said Gripps Brewing Company, of Peoria, Illinois, from said Chas. De France, by reason of said agreement.
‘4S. Gr. Cogswell,
“F. C. Norfolk.”
During the spring and summer of that year, the plaintiff shipped to the defendant at Des Moines, beer, barrels, kegs, and cases of the aggregate value, as fixed by the agreement, of six thousand and thirty-two dollars and sixty-seven cents, and money was paid, and cases returned, to the value of three thousand, three hundred and forty dollars and fifteen cents. The plaintiff seeks to recover the remainder1 of the agreed price. The defendant alleges that the agreement between the parties was to be performed in this state; that it was for the sale of intoxicating liquors; that defendant was not authorized, under the laws of this state, to purchase or to own, or keep with intent to purchase or own, or keep with intent to sell, intoxicating liquors; that the agreement was in violation of the laws of this state; and that the liquors in question were sold to him under the agreement, in violation of law. The defendant further alleges that on the night of August 16, 1891, his place of business was destroyed by fire, and that in it were beer barrels, kegs, and cases owned by the plaintiff, which the parties agree were of the value of one thousand, five hundred and seventy-two dollars and seventy cents which were also destroyed; that the fire was without fault on his part; and that he is not liable to the plaintiff for its property, which was burned as stated. In his counterclaim, the defendant asks to recover the amount of the payments for beer he has made under the agreement, which is admitted to be two thousand, five hundred and seventy-nine dollars and fifty cents. The judgment rendered was for what remained of that amount after deducting therefrom the value of the barrels, kegs, and cases burned.
We conclude that the sales were made in this state, and that they are governed by its laws which were in force at that time. Our conclusion is sustained to some extent by the following authorities: Sedgwick v. Cottingham, 54 Iowa, 512, 6 N. W. Rep. 738; Hooper v. Railway Co., 27 Wis. 82; Suit v. Woodhall, 113 Mass. 391; Wasserboehr v. Boulier, 84 Md. 165, 24 Atl. Rep. 808; 2 Benj. Sales, sec. 1040; 21 Am. and Eng. Encyclope