Mather v. Butler County
Supreme Court of Iowa
Apjpeal from Black Hcmk District Court. This is the third time this cause has been' before us on appeal. For a history of the same see 16 Iowa, 59; 28 id. 253. The plaintiff in his original petition declared on two written contracts, made at different times between the plaintiff and the county judge of Butler county on behalf of the defendant, for the erection of a court-house.
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Apjpeal from Black Hcmk District Court. This is the third time this cause has been' before us on appeal. For a history of the same see 16 Iowa, 59; 28 id. 253. The plaintiff in his original petition declared on two written contracts, made at different times between the plaintiff and the county judge of Butler county on behalf of the defendant, for the erection of a court-house. The petition was amended by adding a count claiming on the quantum, mentit, and prior to the trial plaintiff withdrew the other counts and went to trial on the common count. The answer avers that all the work performed…
1Opinion of the CourtMiller, J.
One of the items of evidence claimed to have been newly-discovered is, that one John Palmer was present when the second written contract was entered into, and that it can now be proved by him that it was *252orally agreed between the parties, the plaintiff and the county judge, that the second contract was not to supersede the first one, but that the sum named in the second written agreement was to be in addition to the amount stipulated to be paid by defendant in the first.
Under the holding in this case, in 28 Iowa, supra, this evidence could not have been admitted had the witness been present…
2Cases cited1 opinion
- Lisher v. PrattSupreme Court of Iowa · 1859
3Cited by1 opinion
- Town of Manson v. WareSupreme Court of Iowa · 1884