Courtwright v. Strickler
Supreme Court of Iowa
Appeal from Davis District Gowrt. Wednesday, October 22. Action at law upon four contracts, three substantially in the form of the one of which the following is a copy : “ Centerville, Iowa, Mcvy 12, 1870. “ For value received, I promise to pay the Chicago and Southwestern Railroad Company one hundred dollars; one-half to be paid within ten days after said railroad shall have been completed and the cars running over the same to a permanent depot, to be located within…
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Appeal from Davis District Gowrt. Wednesday, October 22. Action at law upon four contracts, three substantially in the form of the one of which the following is a copy : “ Centerville, Iowa, Mcvy 12, 1870. “ For value received, I promise to pay the Chicago and Southwestern Railroad Company one hundred dollars; one-half to be paid within ten days after said railroad shall have been completed and the cars running over the same to a permanent depot, to be located within three-fourths of a mile of the corporate limits of the town of Centerville, Iowa, and the other half to be paid within one year…
1Opinion of the Court
Beck, Ch. J.
1. railroad, There are various errors assigned and presented in argument of counsel for defendant which will be congidered in the order we find them discussed.
I. Certain instructions given to the jury, which express the construction placed upon the contracts involved in the action are made the first ground of objection. In these the court construes all the instruments together, those in the nature of subscriptions and the others agreeing to transfer the stock to the railroad company, holding that “ the words “ to Center-ville,” found in the release, when construed with the other…
2Cases cited1 opinion
- Cedar Falls & Minnesota R. R. v. RichSupreme Court of Iowa · 1871
3Cited by8 opinions
- Alexander v. R. D. Grier & Sons Co.Court of Appeals of Maryland · 1943
- Kelly v. Chicago, Milwaukee & St. Paul Railway Co.Supreme Court of Iowa · 1895
- City Deposit Bank v. GreenSupreme Court of Iowa · 1906
- Doolittle v. J. C. Murray & Co.Supreme Court of Iowa · 1907
- DeGoey v. Van WykSupreme Court of Iowa · 1896
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