Christenson v. Gorsch
Supreme Court of Iowa
Appeal from the Clayton District Court, Plaintiff seeks to recover upon a written contract for building a house for said defendant. The contract was in the German language, and to the petition was annexed an English translation.
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Appeal from the Clayton District Court, Plaintiff seeks to recover upon a written contract for building a house for said defendant. The contract was in the German language, and to the petition was annexed an English translation. Defendant answered, denying that plaintiff had complied with or fully completed his contract, as alleged in the petition, and setting up, other mat, ters in avoidance of plaintiff’s claim, but he does not deny the execution of the contract upon which the suit is brought. On the trial, the original contract being offered in evidence, it was objected to by defendant;…
1Opinion of the Court
Wright, O. J.
The court below, erred in excluding .the evidence offered by plaintiff. The ground of the ml*376iug appears to have been, tbat tbe plaintiff should, have annexed a German, and not an English, copy of the contract sued on, to his petition. This was not necessary. The pleadings in our courts should be in, the English language; and in declaring upon a contract written in German, it is not necessary to attach a copy in such foreign language. Of course, it would be the duty of the plaintiff to show that the copy was substantially correct as a translation. Lambert v. Blackman, 1 Blackf.,…
2Cited by2 opinions
- Stevens v. KobayshiCalifornia Court of Appeal · 1912
- Bower v. DeidekerSupreme Court of Iowa · 1874