Legal Opinion

In Re the Guardianship & Conservatorship of Collins

Supreme Court of Iowa

Decided December 22, 1982No. 67488PublishedCited by 11 opinions

1Opinion of the Court

McCORMICK, Justice.

The question here is whether a party who voluntarily gives up a contract right can later reclaim it on the ground of lack of consideration for its relinquishment. In the circumstances of this case, we hold that the right was waived and cannot be reclaimed. Because the trial court held otherwise, we reverse and remand.

This case originated with an application by Ferd E. Skola, conservator of Christena F. Collins, for an order authorizing him to enforce and bring a forfeiture action on a contract to sell real estate entered by the ward eight years before the conservatorship…

2Cases cited7 opinions

  1. Recker v. GustafsonSupreme Court of Iowa · 1979
  2. Mensing v. SturgeonSupreme Court of Iowa · 1959
  3. Scheetz v. IMT Ins. Co.(Mut.)Supreme Court of Iowa · 1982
  4. Smith v. CoutantSupreme Court of Iowa · 1942
  5. Harper v. Cedar Rapids Television Co., Inc.Supreme Court of Iowa · 1976

2 more not listed; retrieve them via the Exa API.

3Cited by11 opinions

  1. Molo Oil Co. v. River City Ford Truck Sales, Inc.Supreme Court of Iowa · 1998
  2. Henderson v. MillisSupreme Court of Iowa · 1985
  3. Peoples Bank & Trust Co. of Cedar Rapids v. LalaCourt of Appeals of Iowa · 1986
  4. Quigley v. WilsonCourt of Appeals of Iowa · 1991
  5. Folkers v. BrittSupreme Court of Iowa · 1990

6 more not listed; retrieve them via the Exa API.

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