JACKSON WHOLESALE FLORISTS v. SCHAPPAUGH FLORAL

No. 48688.

70 N.W.2d 154 (1955)

JACKSON WHOLESALE FLORISTS, Appellant, v. SCHAPPAUGH FLORAL, Pearle I. Schappaugh, as Administratrix of the Estate of F. D. Schappaugh, Deceased, Pearle I. Schappaugh, Partner and Owner of said Business, Appellee.

Supreme Court of Iowa.

Rehearing Denied June 10, 1955.


Attorney(s) appearing for the Case

Gordon B. Russell, Adel, for appellant.

Charles I. Joy, Perry, for appellee.


GARFIELD, Justice.

We think this is an ordinary law action on an account for $456.67 for merchandise sold. Defendant is Pearle I. Schappaugh individually or as a partner and as administratrix of the estate of her deceased husband. Following trial without a jury defendant had judgment from which plaintiff has appealed.

I. Plaintiff's contention the case is reviewable de novo as an equity case, under rule 334, Rules of Civil Procedure, 58 I.C.A., must be rejected...

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