Davison v. Davenport Gas-light & Coke Co.
Supreme Court of Iowa
Appeal from Scott District Court. Suit in equity upon four written contracts, and for an accounting thereunder. There was a demurrer to the petition, which was sustained by the District Court. The plaintiffs appeal.' The further necessary facts will be found stated in the opinion.
1Opinion of the CourtCole, J.
This is an action in equity, asking for an accounting under, and recovery upon, four written contracts. The contracts are alike, except that they relate to different streets or different portions of the same street, and bear different dates. The'plaintiffs claim as assignees of the rights of James Mackintosh. The following is the contract bearing the earliest date:
“ This memorandum of agreement, made and entered into this 26th day of September, 1857, between Thomas G. Gaylord, of the city of Cincinnati, in the State of Ohio, of the first part, and James Mackintosh, of .the city of Davenport,…
2Cases cited2 opinions
- Van Reimsdyk v. KaneU.S. Circuit Court for the District of Rhode Island · 1813
- Harkins v. EdwardsSupreme Court of Iowa · 1855
3Cited by5 opinions
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- Osgood v. BauderSupreme Court of Iowa · 1891
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- Watson v. LovelaceSupreme Court of Iowa · 1878