Galt v. Provan
Supreme Court of Iowa
Appeal from Tama District Gourt.— Hon. Obed Oaswell, Judge. Action to recover one-fourth the value of certain property received by defendants in virtue of a contract between the parties, whereby defendants agreed to give plaintiff an one-fourth interest in the estates of John and Jane Galt. Defendants pleaded a former adjudication, and breach of a condition precedent to the performance of their obligations under the contract.
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Appeal from Tama District Gourt.— Hon. Obed Oaswell, Judge. Action to recover one-fourth the value of certain property received by defendants in virtue of a contract between the parties, whereby defendants agreed to give plaintiff an one-fourth interest in the estates of John and Jane Galt. Defendants pleaded a former adjudication, and breach of a condition precedent to the performance of their obligations under the contract. They also pleaded failure of consideration for the contract. Upon these issues the case was tried to the court resulting in a judgment for plaintiff for $3,649.45. Both…
1Opinion of the Court
Deemer, J.—
The material parts of the contract upon which this action is predicated read as follows:. That for and in consideration of the agreement by said David Galt, Jane McCornack, and Elizabeth Provan, said parties of the second part, that said William J. Gault, said party of the first part, shall receive one-fourth interest in the estate of John Galt, deceased, and Janet Galt, widow of said John Galt, and the further consideration that said David Galt, Jane McCornack, and Elizabeth Porvan, parties of the second part, shall relinquish to the said William J. Galt, and by these presents do…
2Cases cited16 opinions
- Finlay v. King's LesseeSupreme Court of the United States · 1830
- Jones v. United States Mutual Accident Ass'nSupreme Court of Iowa · 1894
- Emigrant Co. v. County of AdamsSupreme Court of the United States · 1879
- Bell County v. AlexanderTexas Supreme Court · 1858
- Redman v. Ætna InsuranceWisconsin Supreme Court · 1880
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3Cited by11 opinions
- Mosebach v. BlytheCourt of Appeals of Iowa · 1979
- First Nat. Bank v. McIntoshSupreme Court of Alabama · 1918
- Peek Estate v. New York Life InsuranceSupreme Court of Iowa · 1928
- Cozad v. StrackSupreme Court of Iowa · 1963
- Eckert v. SchmittWashington Supreme Court · 1910
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