Scott v. Wilson
Supreme Court of Iowa
Appeal from, Dallas District Court. — Hon. W. H. Eahey, Judge. Action at law to recover back money paid by mutual mistake under the provisions of a written contract. There was a verdict and judgment for the defendant. Plaintiff appeals. —
1Opinion of the CourtEvans, J.
— The action was before us upon a former •appeal. Scott v. Wilson, 150 Iowa 202. On that appeal, however, only the sufficiency of the allegations of the petition was involved; the case being tried as on a demurrer to the petition. After remand of the case, plaintiff filed a substituted petition, and upon issue made the case went to trial. The undisputed facts appearing in the present record differ so materially from those presented by the former record that we can not say that our opinion on the former appe'al controls the result on this appeal, as will appear in our ■ later discussion.
On…
2Cases cited1 opinion
- Scott v. WilsonSupreme Court of Iowa · 1911
3Cited by7 opinions
- Jackson v. Chicago, Milwaukee, St. Paul & Pacific RailroadSupreme Court of Iowa · 1947
- Vine Street Corporation v. City of Council BluffsSupreme Court of Iowa · 1974
- Cornelius v. KrommingaSupreme Court of Iowa · 1917
- Smith v. RiceSupreme Court of Iowa · 1916
- Maasdam v. Jefferson County Farmers Mutual InsuranceSupreme Court of Iowa · 1936
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