Blair v. Buttolph
Supreme Court of Iowa
Appeal from Ilardin Circuit Court. Aotion on the following written instrument: “One year after the Chicago, Iowa & Dakota Railroad shall be completed to Iowa Falls, if completed by September 1, 1884, I promise to pay the said construction company three hundred and twenty-five dollars, being one-half my subscription in aid of said railroad. J. T. Buttolpii.”
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Appeal from Ilardin Circuit Court. Aotion on the following written instrument: “One year after the Chicago, Iowa & Dakota Railroad shall be completed to Iowa Falls, if completed by September 1, 1884, I promise to pay the said construction company three hundred and twenty-five dollars, being one-half my subscription in aid of said railroad. J. T. Buttolpii.” The defendant answered that the consideration for his undertaking in the instrument had failed; also that his signature thereto was obtained bj fraud. The circuit court sustained a motion to strike out the allegations of fraud, and a…
1Opinion of the CourtReed, J.
conditions^ excluded. -I. In the paragraphs of the answer demurred to defendant alleges that part of the consideration of the con-
tract in suit was the verbal promise and agree-me]R of the corporation' to which it was given that it would construct and complete its line of railroad from Iowa Falls to Forest City, in Winnebago county, within one year after the date fixed in the contract for the completion of the road to Iowa Falls; and that said company had not only failed to perform its undertaking in that respect, but had entirely abandoned the project of building the road between those…
2Cases cited2 opinions
- Gelpcke, Winslow & Co. v. BlakeSupreme Court of Iowa · 1865
- Noel v. HortonSupreme Court of Iowa · 1879
3Cited by13 opinions
- Castleman-Blakemore Co. v. Pickrell & Craig Co.Court of Appeals of Kentucky · 1915
- Fawkner v. Lew Smith Wall Paper Co.Supreme Court of Iowa · 1893
- Kelly v. Chicago, Milwaukee & St. Paul Railway Co.Supreme Court of Iowa · 1895
- Travers-Newton Chautauqua System v. NaabSupreme Court of Iowa · 1923
- U. S. Investment Corp. v. Portland HospitalOregon Supreme Court · 1901
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