73 Iowa 409 | Iowa | 1887
It is alleged in the petition that goods, for the price of which this action is brought, were sold and delivered under a written contract as follows:
“November 22, 1879.
“S. J. Wing, Chicago, III. — Sir: Please deliver at your earliest convenience to O. H. Storla, at his residence, four sets National Business and Primary Charts, at $36 per set, $144; and we hereby agree to pay for said goods on the 1st day of May, 1881, with interest at the rate of six per cent from the date of delivery.
“Joseph Evans, Secretary of School Board.
“ O. H. Storla, President of School Board.”
It is also alleged that the charts mentioned in the contract were delivered on the 1st day of December, 1879. The action was commenced on the 14th of October, 1886. In one division of his answer, defendant denied all the allegations of the petition. In another division he alleges that the cause of action arose more than five years before the institution of the suit, and that the right of action thereon was barred by the statute of limitations. The district court sustained a demurrer to this latter division.