Legal Opinion

Dyer v. National By-Products, Inc.

Supreme Court of Iowa

Decided January 15, 1986No. 85-643PublishedCited by 7 opinions

1Opinion of the Court

SCHULTZ, Justice.

The determinative issue in this appeal is whether good faith forbearance to litigate a claim, which proves to be invalid and unfounded, is sufficient consideration to uphold a contract of settlement. The dis trict court determined, as a matter of law, that consideration for the alleged settlement was lacking because the forborne claim was not a viable cause of action. We reverse and remand.

On October 29, 1981, Dale Dyer, an employee of National By-Products, lost his right foot in a job-related accident. Thereafter, the employer placed Dyer on a leave of absence at full pay…

2Cases cited14 opinions

  1. Frasier v. CarterIdaho Supreme Court · 1968
  2. Bullard v. Curry-CloonanDistrict of Columbia Court of Appeals · 1976
  3. Sullivan v. CollinsSupreme Court of Iowa · 1865
  4. First National Bank v. BrowneSupreme Court of Iowa · 1925
  5. Lockie v. BakerSupreme Court of Iowa · 1928

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3Cited by7 opinions

  1. Iseli Co. v. Connecticut Light & Power Co.Supreme Court of Connecticut · 1989
  2. Matrix Financial Services, Inc. v. DeanCourt of Appeals of Georgia · 2007
  3. Pmx Industries, Inc. v. Lep Profit International, Formerly Known as Lep International, Inc.Court of Appeals for the Eighth Circuit · 1994
  4. Weitz Co. v. Lexington InsuranceDistrict Court, S.D. Iowa · 2013
  5. Iowa State Board of Engineering Examiners v. OlsonSupreme Court of Iowa · 1988

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