Myers v. Smith
Supreme Court of Iowa
Appeal from Marion District Court.—H. S. Dugan, Judge. . This is an action to recover the amount due upon a promis- . sory note. The defendant set up an oral agreement for the cancellation and surrender of the note, and a counterclaim. There was a verdict for the defendant on the counterclaim. From a judgment thereon, plaintiff appeals.—
1Opinion of the Court
Vermilion,-J.
A statement of the facts which are established, or . claimed, to^ be established, by the evidence, and the 'claims of the .parties, will be necessary to make plain the .questions presented on this appeal.
1. Contracts: requisites and validity: jury , question. On July 23, 1919,, the plaintiff and,.the appellee, a tenant on -the farm of -the appellant, entered into a written contract for the purchase of the land, some 273, acres, at an agreed price of ' $220 per acre. The contract provided for. .the payment of $1,000 on the execution of the agreement, $5,000 on the. first of March…
2Cases cited12 opinions
- Breen v. MayneSupreme Court of Iowa · 1908
- Rule v. CareySupreme Court of Iowa · 1916
- Baker v. Johnson CountySupreme Court of Iowa · 1873
- Nebraska Seed Co. v. HarshNebraska Supreme Court · 1915
- Knight v. CooleySupreme Court of Iowa · 1872
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3Cited by1 opinion
- Ducommun v. JohnsonSupreme Court of Iowa · 1961