123 Iowa 535 | Iowa | 1904
In May, 1901, the Economy Manufacturing’ & Supply Company was a corporation in the city of Des Moines doing business as a dealer in agricultural implements and binding twine. At the same time the plaintiff herein was a wholesale dealer in similar goods at Chicago, 111. The jdaintiff’s traveling representative, under date of May 6, 1901, obtained a written order from said corporation for a quantity of binding twine, described as “25,000 lbs. si-sal at 7% c. per lb, and 25,000 lbs. Standard at 7% c- per lb.” As originally written, the order provided ' that a note for the amount of the purchase, price should be given plaintiff, to become due October 1, 1901. On receipt of the order, plain
Let us assume that the entire shipment had been defective, or of such inferior grade that the company might properly have refused †-o receive it, or, having received it, to re
Finally it is insisted that the last appeal was not in fact taken within six months from the entry of the judgment below. The notice was served December 27, 1902. In the appellant’s abstract and in the appellee’s first amended abstract the statement is made .that the judgment was entered June 28, 1902, and, if this be correct, the appeal was timely. Appellee now seeks to withdraw that concession and take advantage of an apparent confusion or clerical mistake in the clerk’s record. The order directing a verdict for the plaintiff was entered on June 11, 1902. A motion for new trial was' submitted on June 14, 1902, but was not ruled upon until June 28, 1902. In the journal record of the last-named date appears the ruling on the motion, and an order for judgment for the plaintiff. This is followed in the same day’s record by an entry of judgment pursuant to the order of the court, but such entry begins with the recitation, “Now, on this 21st day of June, 1902, this matter comes on for hearing,” etc. It would appear that counsel or the court had pro-pared a written form of entry in anticipation that the motion for a new trial would be disposed of on June 21st, and that this same form or memorandum was made use of on June 28th; the correction in the date being inadvertently omitted. It is perfectly clear that the clerk’s journal entry, which is tire only competent evidence of tire judgment, was made June 28,-1902, and the time for appeal- must date therefrom. Ken
The cost of twenty-six pages of printed matter filed in this court will be taxed to the appellee. Other costs taxed to the appellant.
The judgment appealed from is abeirmed.