Mitchell v. Laub
Supreme Court of Iowa
Appeal from Cra/wford District Cou/rt. Action in chancery to reform and enforce the specific performance of a contract executed by defendant for the purchase of an interest in a patent right for a brick machine, and an interest in the business of manufacturing and selling brick, prosecuted by the parties jointly. The answer, which is made a cross-bill, pleads that the contract was procured by fraud, and asks that it may be set aside and declared void.
Read the full summary
Appeal from Cra/wford District Cou/rt. Action in chancery to reform and enforce the specific performance of a contract executed by defendant for the purchase of an interest in a patent right for a brick machine, and an interest in the business of manufacturing and selling brick, prosecuted by the parties jointly. The answer, which is made a cross-bill, pleads that the contract was procured by fraud, and asks that it may be set aside and declared void. Plaintiff’s petition was dismissed and the contract was canceled by the decree of the court. Plaintiff appeals.
1Opinion of the CourtBeck, J.
The orignal abstract shows that the decree from which the appeal was taken was rendered April 16th, 1881, and that the clerk of the court on the 23d of August following certified to the evidence. An additional abstract after-wards filed shows a' certificate to the evidence signed by the judge, but it is without date and it is in no manner shown when it was signed, nor is the date of its execution averred by *37the appellant to have been within the time prescribed by law. To authorize a trial of this action de novo here, the judge of the court below must have certified the evidence under chapter…
2Cases cited1 opinion
- Cornell v. CornellSupreme Court of Iowa · 1880
3Cited by5 opinions
- Russell & Co. v. JohnstonSupreme Court of Iowa · 1885
- Hartnett v. City of Sioux CitySupreme Court of Iowa · 1885
- Page County v. American Emigrant Co.Supreme Court of Iowa · 1883
- Wisconsin, Iowa & Nebraska R'y Co. v. BrahamSupreme Court of Iowa · 1887
- Wisconsin, Iowa & Nebraska R'y Co. v. Iowa Toilers' Protective Ass'nSupreme Court of Iowa · 1886