Legal Opinion

American Life Ins. v. Melcher

Supreme Court of Iowa

Decided November 20, 1906PublishedCited by 4 opinions

Appeal from Hancock District Court.— Hon. J. F. Clyde, Judge. Action at law to recover upon an alleged subscription to aid in the construction of a hotel. Verdict and judgment for defendants, and plaintiff appeals.

1Opinion of the CourtWeaver, J.

The defendants subscribed their names to a writing by which they undertook to pay to the plaintiff a stated sum of money to aid and encourage the building of a hotel in the town of Garner, Iowa. The plaintiff alleges that in reliance upon said subscription it did construct the proposed hotel in accordance with the terms of the offer, but defendants refuse to pay the amount of their subscription. The defendants admit making the subscription, but plead in defense: (1) That said subscription was obtained by fraud and false representations; and (2) that said subscription was gratuitous and…

2Cited by4 opinions

  1. Eastern States Agricultural & Industrial League v. Estate of VailSupreme Court of Vermont · 1924
  2. Vogt v. City of GrinnellSupreme Court of Iowa · 1907
  3. Holbert v. KellerSupreme Court of Iowa · 1913
  4. Palais Du Costume Co. v. BeachMissouri Court of Appeals · 1910

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