Brintnall v. Briggs
Supreme Court of Iowa
Appeal from O’Brien District Court. — Hon. F. R. Gaynoe, Judge. This is an action in equity by which the plaintiff claims damages of the defendant for the. breach of an oral agreement made at the same time that a written contract was entered into between the parties. It is asked that the written contract be re-formed so as to include the said oral agreement. There was a demurrer to the petition, which was sustained, and the plaintiff appeals. —
1Opinion of the CourtRotheooe, J.
— It is not necessary to copy the petition in this opinion. The facts averred therein, briefly stated, are as. follows: In April, 1890, one R. Elphick and the plaintiff entered into a written contract with the defendant by which they purchased of the defendant a store building and lot, and also a complete stock of harness tools and fixtures belonging to said business. The purchase price of the building and lot was one thousand, two hundred dollars, and the price of the harness tools.was fixed by an invoice. After the invoice was had, and the property paid for, Elphick sold his interest in the…
2Cases cited2 opinions
- Stafford v. FettersSupreme Court of Iowa · 1881
- Mast & Co. v. Pearce & CowanSupreme Court of Iowa · 1882
3Cited by10 opinions
- Midkiff v. Castle & Cooke, Inc.Hawaii Supreme Court · 1962
- Locke v. MurdochNew Mexico Supreme Court · 1915
- May v. CearleyCourt of Appeals of Texas · 1911
- Johnson v. BenhamSupreme Court of Minnesota · 1925
- American Fruit Product Co. v. BarrettSupreme Court of Minnesota · 1910
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