Stout v. Folger
Supreme Court of Iowa
Appeal from, Polk OirevÁt Oourl The plaintiff alleges that on the 1st day of November, 1870, he and the defendant entered into a contract as follows, to wit: ‘ “I, E. S. Stout, do hereby sell to-John M. Folger, all my right, etc., in the hotel known as the Des Moines House, for the consideration of one thousand dollars.
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Appeal from, Polk OirevÁt Oourl The plaintiff alleges that on the 1st day of November, 1870, he and the defendant entered into a contract as follows, to wit: ‘ “I, E. S. Stout, do hereby sell to-John M. Folger, all my right, etc., in the hotel known as the Des Moines House, for the consideration of one thousand dollars. In further consideration for said sale, he, the said John M. Eolger, hereby agrees to assume in my place and stead, and to save me harmless from all indedtedness, contracted by me, and outstanding against said Des Moines House.” Plaintiff further alleges that there was…
1Opinion of the CourtDay, J.
1. action : assumption of indebtedness. I. It is claimed by defendant that his contract is merely to save plaintiff from harm by reason of his indebtedness, and that, until plaintiff has paid the debt, he is not damnified, and cannot recover. We have examined the numerous authorities cited in defendant’s brief, and while they áre not altogether free from confusion, yet we think underlying them will be found the following doctrines: That if a condition or promise be only to indemnify and save harmless a party from some consequence, no action can be maintained until actual damage has been…
2Cases cited8 opinions
- Churchill v. HuntNew York Supreme Court · 1846
- In re NegusNew York Supreme Court · 1832
- Port v. JacksonNew York Supreme Court · 1819
- Dye v. MannMichigan Supreme Court · 1862
- Town of New-Milford v. Town of ShermanSupreme Court of Connecticut · 1851
3 more not listed; retrieve them via the Exa API.
3Cited by49 opinions
- Locke v. HomerMassachusetts Supreme Judicial Court · 1881
- Schley v. . FryerNew York Court of Appeals · 1885
- Rice v. SandersMassachusetts Supreme Judicial Court · 1890
- Springer v. DeWolfIllinois Supreme Court · 1901
- Miller v. Palo Alto Board of SupervisorsSupreme Court of Iowa · 1957
44 more not listed; retrieve them via the Exa API.