Kauffman v. Harstock
Supreme Court of Iowa
Appeal from Johnson Gvreuit Oov/rt. The plaintiff alleges in his petition that the defendant, being engaged in procuring subscriptions for the payment of money to aid in the construction of the Iowa Central Northern Kailroad, verbally promised the plaintiff that if he would subscribe $200 to the purpose above stated, he, the defendant, would, in case plaintiff should sell the farm on which he was then living before the payment of all of said subscription, take all of…
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Appeal from Johnson Gvreuit Oov/rt. The plaintiff alleges in his petition that the defendant, being engaged in procuring subscriptions for the payment of money to aid in the construction of the Iowa Central Northern Kailroad, verbally promised the plaintiff that if he would subscribe $200 to the purpose above stated, he, the defendant, would, in case plaintiff should sell the farm on which he was then living before the payment of all of said subscription, take all of plaintiff’s obligations and rights in and under said subscription, would refund to plaintiff all that he had paid thereon, and…
1Opinion of the Court
■ Day, Ch. J.—
The record presents, for our consideration, a single question, to wit: Is parol evidence of the agreement set out in plaintiff’s petition admissible ? The defendant claims’ that the contract sued on is substantially one of three things, to wit:
1. An agreement by Harstock to indemnify Kauffman against any liability he might assume by signing the stock subscription paper of the railroad company; or
2. A guarantee to Kauffman against loss arising to him out of his stock subscription; or
3. It was a sale by Kauffman to Harstock, of his interest, present or prospective, in the stock of…
2Cases cited1 opinion
- Schneider v. McFarlandNew York Supreme Court · 1848
3Cited by3 opinions
- Merchant v. O'RourkeSupreme Court of Iowa · 1900
- Frohardt Bros. v. DuffSupreme Court of Iowa · 1912
- Walker v. IrwinSupreme Court of Iowa · 1895