171 Iowa 551 | Iowa | 1915
— The defendants, Marks & Shields, constituted a partnership. The members of the partnership resided in Council Bluffs. The partnership was engaged in the business of buying and selling horses and mules. On Saturday, January 4, 1913, Marks bought from the plaintiff for the partnership a span of horses and a span of mules for a lump sum of $662.50, and delivered the check of the partnership
“That from and after the first day of January, A. D. 1886, the said circuit court to be held at Avoca shall have original and exclusive jurisdiction as now provided by See. 162 of the Code of Iowa of 1873, or as may be hereafter provided by law regulating the jurisdiction of said court of all civil cases including appeals and writs of error from inferior courts and other tribunals and guardianship and probate matters arising in the territory in said Pottawattamie county east of the west line of range forty.”
The dividing line separating the venues of the two branches is the west line of range forty. The property in question was purchased in the Avoca division. The town of Oakland, where the delivery was made, is in the division of Avoca. Because the members of the partnership resided at
“When a corporation, company or individual has an office or agency in any county for the transaction of business, any actions growing out of or connected with the business of that office or agency may be brought in the county where such office • or agency is located.”
There is a further reason quite controlling in this case. The evidence was sufficient to justify the court in finding
But the defendants did not stand upon their rescission. Upon tlie refusal of the plaintiff to receive the property, the defendants proceeded to put the same upon the market. They were sold in due course upon the Omaha market. The defendants did not in their answer keep their tender good. Their answer contained no tender whatever. We will assume that they were not bound under all circumstances to keep the property for the purpose of keeping their tender good. The circumstances might warrant their disposal of it. Even then they would be required to dispose of it for the benefit of the plaintiff, if they proposed to keep their tender good. The answer in this case pleaded only the rescission and the offer to return. It contained no suggestion of present tender either of the -property or of its proceeds. The defendants, therefore, are in the position of having abandoned their tender of return and of having fully appropriated the property to their own use. Apart from the counterclaims and the general denial, the answer presented no defense. The general denial