41 Iowa 674 | Iowa | 1875
The written instrument sued on bound the defendants, in consideration of a threshing machine sold to them by plaintiff, to pay $100, and, in the language of the agreement, “to do his [plaintiff’s] threshing of wheat, timothy, oats and flax, at such times as he shall require it to be done, upon giving to said W. H. and J. H. Jones four days’ notice.”
The petition alleges, as a breach of the contract, the failure
The petition after various amendments, in compliance with orders óf the court, made upon motion to strike out parts of it, alleges, as grounds of recovery and for. special damages, that, at various times, when defendants were notified under the contract to do the threshing, they promised to perform the work, and plaintiff at their request piled up and stacked a large portion of his grain without binding it; that the rest of his grain was standing in shocks in the field, and defendants directed plaintiff that it should be left in that condition to be threshed out of the shock; that plaintiff", relying upon these promises and directions of defendants, did not stack all of his grain; that he could not procure help to stack it; that he attempted to procure others to thresh it, but could not, for the reason that there was no other machine in the neighborhood, and that, by reason of these matters, plaintiff’s wheat was greatly injured, whereby he sustains loss which he seeks to recover in this action, as well as expenses, and for loss of time incurred in procuring the threshing to be done and in re-stacking his grain. In another count, similar allegations are made in regard to the timothy.
A motion to strike out these parts of the petition, made by defendants on the ground that they presented no matters upon which plaintiff could base his action and claim special damages, which he could not recover, was sustained, and this ruling presents the only points of the case.
Affirmed.