Zickafosse v. Hulick
Supreme Court of Iowa
Error to Washington. This was an action of assumpsit upon promises, instituted by Abraham Hulick, against Benjamin Zickafosse, in the District Court of Washington county.
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Error to Washington. This was an action of assumpsit upon promises, instituted by Abraham Hulick, against Benjamin Zickafosse, in the District Court of Washington county. The declaration sets forth, that the defendant, in the year 183⅝ promised to pay fte plaintiff $150', for one moiety, or thereabouts, of a certain ‘ claim,’ situated in the counties of Washington and Henry, then in the possession of, and belonging to the plaintiff, with an averment, that possession was given to the defendant, &c. Plea, general issue and notice to introduce evidence of, 1. failure of consideration, 2. set…
1Opinion of the Court
By the Court,
Wilson, Justice.
The only question which arises in this case is presented by the bill of exceptions which is as follows, viz:
“Be it known that on the trial of the above cause, the plaintiff introduced a witness to prove a parol contract for the sale of the claim of the plaintiff to defendant, referred to in his declaration, which contract was never reduced to writing, nor the contract on which plaintiff sought to recover ever, reduced to writing. The defendant objected to the introduction of the evidence on the ground that a claim was an interest in land within the meaning of the…
2Cases cited1 opinion
- Clark v. ShultzSupreme Court of Missouri · 1835
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- Crocker v. DonovanSupreme Court of Oklahoma · 1892