Courtright v. Deeds
Supreme Court of Iowa
Appeal from Washington District Court. Friday, December 5. Action at law upon an instrument in writing of wbicb the following is a coDy: “ $500. “ I promise to pay to tbe Iowa Bailroad Company or their order, Five Hundred Dollars, as soon as the cars shall run to Brighton, Iowa, upon a contemplated Railroad, running from Washington, Iowa, or some point on the Railroad completed to that place.
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Appeal from Washington District Court. Friday, December 5. Action at law upon an instrument in writing of wbicb the following is a coDy: “ $500. “ I promise to pay to tbe Iowa Bailroad Company or their order, Five Hundred Dollars, as soon as the cars shall run to Brighton, Iowa, upon a contemplated Railroad, running from Washington, Iowa, or some point on the Railroad completed to that place. Provided, That upon such payment there shall be delivered to me a certificate of stock for five paid up shares of $100 each, in such Railroad company as may build and own said completed Railroad, and…
1Opinion of the Court
Beck, Ch. J.
1. Contract. The objection of the appellant to the proceedings and judgment in the court below are presented in ten points. We will not find it necessary to discuss more than two or three of them at any length. The others may be disposed of upon brief consideration.
' 1. The demurrer to the fourth count of the supplemental answer raised the question whether a tender of the stock, which, by the terms of the instrument sued on, is to be delivered to defendant upon the payment provided for therein, is necessary in order to entitle plaintiff to recover in the action. The court below,…
2Cases cited7 opinions
- Andrews & Bros. v. JonesSupreme Court of Alabama · 1846
- Howe Machine Co. v. SnowSupreme Court of Iowa · 1871
- Eakright v. Logansport & Northern Indiana RailroadIndiana Supreme Court · 1859
- Duke v. Cahawba Nav. Co.Supreme Court of Alabama · 1849
- School District No. Two v. RogersSupreme Court of Iowa · 1859
2 more not listed; retrieve them via the Exa API.
3Cited by29 opinions
- Tucker v. TuckerSupreme Court of Iowa · 1908
- Todd v. State BankSupreme Court of Iowa · 1917
- State v. EbelsheiserSupreme Court of Iowa · 1950
- State v. JacksonSupreme Court of Iowa · 1972
- Pierce v. HeusinkveldSupreme Court of Iowa · 1944
24 more not listed; retrieve them via the Exa API.