187 Iowa 345 | Iowa | 1919
On May 10, 1916, plaintiff was the owner of two bankrupt stocks of merchandise, and on said date, entered into a contract in writing with the defendant Nash, by the terms of which he agreed to deliver the same at any station designated by Nash, in consideration of a conveyance to him of certain residence property in the city of Sheldon, Iowa. The contract also provided for the payment to defendant of $600 in cash, upon delivery of the deed. A deed was executed by the defendants William and Bertha Meiers, conveying the residence property to plaintiff, in accordance with the contract between plaintiff and Nash, and placed in escrow in the Sheldon Savings Bank. A pretended invoice of the merchandise was delivered to defendant at the time the contract was entered into. Later, the goods were shipped by The Eastern American Merchandise Company, from St. Louis, Missouri, and arrived at Sheldon in two separate shipments, and were immediately placed by Nash in a building which he had leased for the purpose of ¡ selling goods at retail. The invoice called for clothing, gents’ furnishings, dry goods, groceries, and jewelry. Immediately after the goods were removed to the building at Sheldon, plaintiff and defendant attempted, to check them with the invoice; but before the task was completed, plaintiff withdrew, and the agent who had acted for plaintiff in the sale took his place. The groceries were found short, but in apparently fair condition; but the remainder of the stock included a considerable quantity of