York v. Wallace
Supreme Court of Iowa
Avjieal from Marshall District Court. Action for damages for breach of an alleged oral contract. The defendant denies the contract. The contract, if any, was made between the defendant and one Weeks. Weeks assigned his claim for damages to the plaintiff, York.
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Avjieal from Marshall District Court. Action for damages for breach of an alleged oral contract. The defendant denies the contract. The contract, if any, was made between the defendant and one Weeks. Weeks assigned his claim for damages to the plaintiff, York. The circumstances under which the alleged contract was made are as follows: Weeks bought one hundred and sixty acres of land of the plaintiff, York, and gave him three promissory notes, one for five hundred dollars, one for one thousand dollars, and a third for five hundred dollars. York indorsed the first two notes to one Boardman, and…
1Opinion of the CourtAdams, J.
1. contract: evidence: variance. The defendant assigns a's error the giving of an instruction which is in these words: “If the jury find from the evidence that the defendant Wallace made an oral contract with H. M. Weeks, that the said Weeks should file his election to redeem the land described in the petition, and that, upon Weeks so doing, Wallace would assume and pay off the judgment against Weeks, and take the laird, and that by the terms of the contract the same was to be performed within one year, and that the said Weeks filed said election in performance of his part of the contract,…
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