Legal Opinion

J.T. Enterline Son v. Andrew

Supreme Court of Iowa

Decided June 23, 1930No. 40124PublishedCited by 1 opinion

1Opinion of the Court

MoRling, O. J

It will assist in the consideration of the pleadings and evidence if we premise,a few well settled legal principles. A check may be received as. conditional payment, or it may be accepted as full payment and in extinguishment,of the original indebtedness, in which last event the remedy of the creditor is upon the check. Rohrbach v. Hammill, 162 Iowa 131; 48 Corpus Juris 619i A principal has an election to repudiate or ratify an unauthorized transaction. 2 Corpus Juris 468. .Ratification is equivalent to prior authority. 2 Corpus Juris 516. Acceptance and retention of benefits of…

2Cases cited3 opinions

  1. Sackett v. Farmers State Bank of BooneSupreme Court of Iowa · 1929
  2. Rohrbach v. HammillSupreme Court of Iowa · 1913
  3. Andrew v. Peoples Savings BankSupreme Court of Iowa · 1928

3Cited by1 opinion

  1. Kruidenier Cadillac Co. v. ManhardtSupreme Court of Iowa · 1935

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