55 Iowa 370 | Iowa | 1880
This contract recites that the plaintiff did not have the means to conduct the business successfully, and provides that the defendants should furnish all the raw material. This provision of the contract precludes the idea that in case of a failure of the defendants to furnish the material, the plaintiff' should furnish it and thus protect himself from loss as far as possible. There is some disagreement by counsel as to which of the parties was bound under the contract to fix the price and character of the materials. We think this readily determined by the'contract itself. It provides that “ The said A. C. Tiede & Co., to purchase all raw materials under the specifications of above Geo. Taft, at the lowest possible price, and to charge the same to the above Geo. Taft at actual cost price.” Under this stipulation Taft was to specify what material he required, and Tiede & Co. were to go into the market and purchase it at the lowest possible price. The price not to be fixed by Taft, but by Tiede & Co. The court may have fairly found from the evidence that the plaintiff was repeatedly calling for material to manufacture barrel staves, and that defendants
Affirmed.