Dyer v. National By-Products, Inc.
Supreme Court of Iowa
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
- Frasier v. CarterIdaho Supreme Court · 1968
- Bullard v. Curry-CloonanDistrict of Columbia Court of Appeals · 1976
- Sullivan v. CollinsSupreme Court of Iowa · 1865
- First National Bank v. BrowneSupreme Court of Iowa · 1925
- Lockie v. BakerSupreme Court of Iowa · 1928
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