Salinger v. General Exchange Ins. Corp.

This action was before this court on a former appeal in 214 Iowa 1021, 243 N. W. 183. The judgment on that appeal was reversed on an erroneous instruction on the measure of plaintiff’s recovery. The “excuse defense” raised in this case was not discussed or ruled on in the former case, except as referred to in a dissenting opinion by Justice Evans.

On August 17, 1929, the appellee purchased, on a conditional sales contract, a La Salle car from the Cadillac Motor Car Company at Chicago for $3.041.75. He made a down payment of $952.75, leaving a balance of $2,089. Appellee agreed in the sales…