Legal Opinion

Lantz v. Ryman

Supreme Court of Iowa

Decided May 21, 1897PublishedCited by 1 opinion

Appeal from Polk District Court. — -Hon. T. F. Stevenson, Judge. Action to recover an amount alleged to be due on an agreement in writing. The defendants pleaded a failure of consideration, fraud on the part of the plaintiff in obtaining the agreement, and mistake in consequence of which the agreement actually made was not incorporated in the writing signed. They asked that the writing be reformed. There was a hearing on the merits, and a judgment in favor of the plaintiff.

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Appeal from Polk District Court. — -Hon. T. F. Stevenson, Judge. Action to recover an amount alleged to be due on an agreement in writing. The defendants pleaded a failure of consideration, fraud on the part of the plaintiff in obtaining the agreement, and mistake in consequence of which the agreement actually made was not incorporated in the writing signed. They asked that the writing be reformed. There was a hearing on the merits, and a judgment in favor of the plaintiff. The defendants appeal. —

1Opinion of the CourtRobinson, J.

1 In the first part of the year 1889, the plaintiff purchased an interest in the business of Ingersoll, Howell & Co., and became a partner of the firm. Changes subsequently occurred, and for some time prior to the signing of the instrument in suit the firm had been composed of the plaintiff, Adam Howell, and the defendants, J. J. Ryman and H. R. Howell, who transacted business in the firm name of Ryman, Lantz & Howell. The business was that of a local fire insurance agency in the city of Des Moines, and the firm represented several different companies. The defendants and Adam Howell finally…

2Cases cited3 opinions

  1. Marshall v. WestropeSupreme Court of Iowa · 1896
  2. Dirkson v. KnoxSupreme Court of Iowa · 1886
  3. First Presbyterian Church v. LoganSupreme Court of Iowa · 1889

3Cited by1 opinion

  1. Johnson v. ColerSupreme Court of Iowa · 1919

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