Blair Town Lot & Land Co. v. Walker
Supreme Court of Iowa
Appeal from Linn District Oowrt. Ti-ib plaintiff, an Iowa corporation, brought an action against the defendant on account. The defendant filed an answer, setting up bis defense; and also filed a cross-claiiii, consisting of three counts. The plaintiff demurred to tbe cross-claim, and hereon arises the only question made in this appeal.
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Appeal from Linn District Oowrt. Ti-ib plaintiff, an Iowa corporation, brought an action against the defendant on account. The defendant filed an answer, setting up bis defense; and also filed a cross-claiiii, consisting of three counts. The plaintiff demurred to tbe cross-claim, and hereon arises the only question made in this appeal. The last count of the cross-claim contains substantially all the matters to which tbe demurrer is directed, and the points decided are sufficiently presented by tbe averments of the third count; and in order to abrevíate as much as practicable, that count only…
1Opinion of the Court
. Cole, J.
I. The first question made by the demurrer is, whether the contract, upon which the cross claim is based, comes within our statute of frauds, which provides, Rev., Sec. 4006-7, subdivision 5, that no evidence is competent, unless in writing, of a contract “ that is not to be performed within one year from the making, thereof.” Code of 1873, Sec. 3663-4, is the same, and' the language is almost identical with the original statute of frauds of 29 Car. II. The authorities upon the question are not in perfect harmony, so far at least as respects their language or form of expression. The…
2Cases cited4 opinions
- Johnson v. KnappSupreme Court of Iowa · 1873
- Clark v. PendletonSupreme Court of Connecticut · 1850
- Russell v. SladeSupreme Court of Connecticut · 1838
- M'Lees v. Hale & BowenNew York Supreme Court · 1833
3Cited by13 opinions
- Smidt v. PorterSupreme Court of Iowa · 2005
- Stauter v. Walnut Grove ProductsSupreme Court of Iowa · 1971
- Smalley v. GreeneSupreme Court of Iowa · 1879
- Hellings v. WrightCalifornia Court of Appeal · 1916
- Railway Co. v. WhitleySupreme Court of Arkansas · 1891
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