Tschirgi v. Merchants National Bank of Cedar Rapids

-This is a suit for specific performance of the optional provisions of a contract of settlement negotiated between the plaintiffs and defendant’s decedent as a result of a dispute at the time of closing of the estate of plaintiffs’ father. Defendant resisted on the grounds that (1) plaintiffs had breached the contract of settlement (2) had failed to allege and prove essential elements of such a suit, and (3) were guilty of such illegal and unconscientious conduct that it would be inequitable to grant specific performance herein. The trial court upheld the third ground, holding agreements…