Waterman v. Bryson
Supreme Court of Iowa
Appeal from Scott District Court. —William Theophilus, Judge. Plaintipp alleges, substantially, that he and defendant agreed to enter into a written lease for a theater building; that plaintiff paid defendant $298 on the strength of the agreement; that defendant refused to make the lease and plaintiff never obtained possession of the building, and defendant refuses to pay back the money paid. Trial to a jury. Defendant offered no evidence.
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Appeal from Scott District Court. —William Theophilus, Judge. Plaintipp alleges, substantially, that he and defendant agreed to enter into a written lease for a theater building; that plaintiff paid defendant $298 on the strength of the agreement; that defendant refused to make the lease and plaintiff never obtained possession of the building, and defendant refuses to pay back the money paid. Trial to a jury. Defendant offered no evidence. There was a verdict for plaintiff for $298, with interest. Defendant appeals.—
1Opinion of the CourtPrestoij, J.
1. There is some confusion in the record, because of many corrections of the abstract by an amended abstract of' appellee. We could get a much better understanding of the case if the record were correctly'set out in one abstract.
The petition was in three counts, but the matters covered thereby were not all submitted to the jury. The questions presented are very largely of fact, and whether the verdict is supported by the testimony. The plaintiff’s claim is that the oral agreement was made about July 24, 1914. This action was begun August 5, 1914, and it is claimed by defendant that, a few…
2Cases cited2 opinions
- Holloway v. GriffithSupreme Court of Iowa · 1871
- Quarton v. American Law Book Co.Supreme Court of Iowa · 1909
3Cited by6 opinions
- Conrad Bros. v. John Deere Insurance Co.Supreme Court of Iowa · 2001
- Finch v. SpragueWashington Supreme Court · 1921
- Bushey v. DaleSupreme Court of Oklahoma · 1937
- Kellar v. LindleySupreme Court of Iowa · 1927
- Renault, Inc. v. Auto Imports, Ltd.New York Supreme Court · 1963
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