Des Moines Cotton Mill Co. v. York Investment Co.

The petition was addressed to the equity side- of the court. The defendant's, in their answers, made some claim that the proceedings should have been at law, but the claim was not pressed in the court below, and the appeal is here without an assignment of error, and it is to be determined as in equity. The whole controversy is based upon a written contract, of which the following is a copy:

*397“Memoranda made January 30, 1888, by and between E. R. Mason, Geo. H. Cowles, and J. F. Mason, parties of the first part, and Ben F. Elbert, York Investment Company, Wesley Redhead, and -, parties of the…