Curtis & Barker v. Central University of Iowa
Supreme Court of Iowa
Appeal from Marion District Court. — George B. Lynch, Judge. Action in equity to recover money set apart or donated to defendant by Curtis & Barker. The action was brought by the heirs and representatives, who claim that the money reverts to them, because of a breach of the conditions of the contract. The trial court gave plaintiffs judgment for $13,693.56, with interest from April 20, 1916, that being the amount still remaining in tlie hands of the defendant on that date.
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Appeal from Marion District Court. — George B. Lynch, Judge. Action in equity to recover money set apart or donated to defendant by Curtis & Barker. The action was brought by the heirs and representatives, who claim that the money reverts to them, because of a breach of the conditions of the contract. The trial court gave plaintiffs judgment for $13,693.56, with interest from April 20, 1916, that being the amount still remaining in tlie hands of the defendant on that date. Defendant appeals.
1Opinion of the CourtPreston, J.
i. colleges and ÜNIVERSITIES : conaitíonai^do-version. Plaintiffs sued for about $52,000, the total amount of the donation. Numerous grounds were assigned originally by plaintiffs, and relied upon as constituting breach of the contract; but a part of the funds donated were used for running expenses of the university, and to pay pressing debts, with the consent of Curtis & Barker, so that appellees concede that, as to a part of the fund, there was a waiver. They also concede there was a failure of proof as to other grounds, the parties being both now deceased. Appellees now rely on three…
2Cases cited13 opinions
- Boyd's Lessee v. GravesSupreme Court of the United States · 1819
- Moran v. MoranSupreme Court of Iowa · 1909
- Associate Alumni of General Theological Seminary of Protestant Episcopal Church v. General Theological Seminary of Protestant Episcopal ChurchNew York Court of Appeals · 1900
- Grant v. SaundersSupreme Court of Iowa · 1903
- People ex rel. Smith v. BraucherIllinois Supreme Court · 1913
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3Cited by11 opinions
- Hobbs v. Board of EducationNebraska Supreme Court · 1934
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- Freier v. LongneckerSupreme Court of Iowa · 1939
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