Dodson v. McCurnin
Supreme Court of Iowa
Appeal-from, Polk District Court. — C. A. Dudley, Judge. The plaintiff was recorder of Polk County, and defendant, her deputy. Plaintiff claims under an oral agreement, under which she paid defendant $25 a month above the compensation allowed him by statute, on condition that he should refund if the board of supervisors should refuse to allow plaintiff for this expenditure. The board refused to make such allowance. Defendant refused to reimburse.
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Appeal-from, Polk District Court. — C. A. Dudley, Judge. The plaintiff was recorder of Polk County, and defendant, her deputy. Plaintiff claims under an oral agreement, under which she paid defendant $25 a month above the compensation allowed him by statute, on condition that he should refund if the board of supervisors should refuse to allow plaintiff for this expenditure. The board refused to make such allowance. Defendant refused to reimburse. Plaintiff sued on the agreement and recovers. Defendant appeals. One of his claims is that the alleged agreement is void for being contrary to…
1Opinion of the CourtSalinger, J.
I. Appellee makes the avoidance point that a failure to object to submitting whether the contract alleged had been entered into, works an estoppel to object to the fact that that question was submitted. While we have carefully examined what is cited in support, we shall not stop to declare whether they sustain the point. This, be*1212cause we hold the point to be irrelevant to our decision of this appeal.
lidity: public mentt'op?ye deputies unauthorized saiBy answer, motion to direct verdict, and motion for new trial, defendant urged that the contract sued on was against public policy. The charge…
2Cases cited50 opinions
- Oscanyan v. Arms Co.Supreme Court of the United States · 1881
- Tool Co. v. NorrisSupreme Court of the United States · 1865
- Berka v. WoodwardCalifornia Supreme Court · 1899
- Atcheson v. . MallonNew York Court of Appeals · 1870
- Honaker v. Board of EducationWest Virginia Supreme Court · 1896
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3Cited by10 opinions
- Rowen v. Le Mars Mut. Ins. Co. of IowaSupreme Court of Iowa · 1979
- Stahl v. Board of SupervisorsSupreme Court of Iowa · 1920
- Goodrich v. Northwestern Telephone Exchange Co.Supreme Court of Minnesota · 1924
- Fortgang Brothers, Inc. v. CowlesSupreme Court of Iowa · 1957
- DuBois v. City of OskaloosaSupreme Court of Iowa · 1940
5 more not listed; retrieve them via the Exa API.