Eastman v. Miller
Supreme Court of Iowa
Appeal from Buena Vista District Court. — IIon. E. II. IIelsell, Judge. Action for judgment on three promissory notes executed by the defendant to the plaintiff for the deferred payments on real estate soldi by the plaintiff to the defendant under a written contract. Defendant answered, admitting the execution of the notes, and that they were unpaid, and alleging as defense an oral agreement with the plaintiff whereby defendant was released from liability on said notes.
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Appeal from Buena Vista District Court. — IIon. E. II. IIelsell, Judge. Action for judgment on three promissory notes executed by the defendant to the plaintiff for the deferred payments on real estate soldi by the plaintiff to the defendant under a written contract. Defendant answered, admitting the execution of the notes, and that they were unpaid, and alleging as defense an oral agreement with the plaintiff whereby defendant was released from liability on said notes. Plaintiff demurred to the answer on the ground that there was no consideration to support the alleged agreement. The…
1Opinion of the Court
Given, O. J.
1 *4062 *405I. The defense alleged is, in substance, as follows: That defendant sold and conveyed said contract of purchase to one Dunbar, who assumed and agreed to pay the deferred payments thereon as represented by said notes. “That since the said assignment and sale of the said contract by defendant the same has been frequently assigned and transferred to parties who are now unknown to defendant, but each of whom, as defendant is informed and verily believes, agreed to pay and assume the payment of said notes. That, after said assignment to Dunbar, plaintiff commenced a suit against…
2Cases cited8 opinions
- Ayres v. C., R. I. & P. R.Supreme Court of Iowa · 1879
- Gibson v. FischerSupreme Court of Iowa · 1885
- First National Bank of Iowa City v. Charter Oak InsuranceSupreme Court of Iowa · 1875
- McCormicks v. FullerSupreme Court of Iowa · 1881
- Hall v. BallouSupreme Court of Iowa · 1882
3 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- Ahrens v. FentonSupreme Court of Iowa · 1908
- Brause v. BrauseSupreme Court of Iowa · 1920
- Rabon v. State Finance CorporationSupreme Court of South Carolina · 1943
- Starr v. CrenshawSupreme Court of Missouri · 1919
- Mowry v. ReinkingSupreme Court of Iowa · 1927
6 more not listed; retrieve them via the Exa API.