Gelpcke v. Blake
Supreme Court of Iowa
Appeal from Jackson District Court. Plaintiee’s action is founded upon the following instrument: “ Number of shares, ten.
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Appeal from Jackson District Court. Plaintiee’s action is founded upon the following instrument: “ Number of shares, ten. State of Iowa, Dubuque County, March, 19,1857:' “ In consideration of ten shares in the capital stock of the first division of the Dubuque Western Railroad Company, I promise to pay said company one thousand dollars, payable in installments, at the rate of five per cent a month, to commence as soon as the contract for the construction of said division is let; Provided, however, that an installment of five per cent shall be paid upon the call of the board of directors of…
1Opinion of the CourtWright, J.
Several questions are presented, by counsel for the appellants. Our examination will be confined, however, to the leading one, which, in effect, disposes of all the others, and that is: was the court below justified under the circumstances, in reforming this contract?
While parol testimony is admissible for the purpose of showing that the written agreement, on account of fraud, accident or mistake, fails to show 'the whole or true contract, it is well settled that this fact must be made entirely clear, and be established by the most satisfactory proof; or, as one of the cases expresses it,…
2Cases cited4 opinions
- Gillespie v. MoonNew York Court of Chancery · 1817
- Bish v. BradfordIndiana Supreme Court · 1861
- Williams v. DonaldsonSupreme Court of Iowa · 1859
- Dwight v. PomeroyMassachusetts Supreme Judicial Court · 1821
3Cited by13 opinions
- Turner v. Cattleman's Trust Co. of Ft. WorthTexas Commission of Appeals · 1919
- Hervey v. SaverySupreme Court of Iowa · 1878
- Marshall v. WestropeSupreme Court of Iowa · 1896
- Atherton v. DearmondSupreme Court of Iowa · 1871
- Hunt v. GraySupreme Court of Iowa · 1888
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