Moench v. Hower
Supreme Court of Iowa
Appeal from Webster District Govrt. — Hon. W. D. Evans, Judge. The defendant was president and J. W. Ryan manager of tbe Ryan Implement & Hardware Company, to wbicb plaintiff applied for employment. Ryan proposed that he purchase stock in the company, and it was subsequently arranged that he should take ten shares at the par value of $1,000, which he did. At the same time he received as security the following contract: “ Et.
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Appeal from Webster District Govrt. — Hon. W. D. Evans, Judge. The defendant was president and J. W. Ryan manager of tbe Ryan Implement & Hardware Company, to wbicb plaintiff applied for employment. Ryan proposed that he purchase stock in the company, and it was subsequently arranged that he should take ten shares at the par value of $1,000, which he did. At the same time he received as security the following contract: “ Et. Dodge, Iowa, March 12, 1903. I hereby agree that at any time after six months from this date that Gustav Moench should want to withdraw his stock from the Ryan Impl. and…
1Opinion of the CourtLaud, C. J.
The evidence was such as to justify the trial court in declining to reform the written agreement by which the defendant undertook “ at any time after six months from this date that Gustav Moench should want to withdraw his stock from the Ryan Imp! & Hdw. Go. to take it off his hands, at 100c. on the dollar by giving him thirty days’ notice.” It may be that the part of the consideration for the sale of this stock was plaintiff’s employment by the company, but the evidence fails to show by a fair preponderance that the agreement was executed to assure plaintiff of employment rather than as…
2Cases cited10 opinions
- Fitzpatrick v. . WoodruffNew York Court of Appeals · 1884
- Raymond v. WathenIndiana Supreme Court · 1895
- Harlan v. HarlanSupreme Court of Iowa · 1897
- Merchant v. O'RourkeSupreme Court of Iowa · 1900
- Hamilton v. FinneganSupreme Court of Iowa · 1902
5 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Ball v. JamesSupreme Court of Iowa · 1916
- Petroleum Refractionating Corp. v. Kendrick Oil Co.Court of Appeals for the Tenth Circuit · 1933
- Smith v. Middle States Utilities Co.Supreme Court of Iowa · 1940
- Mowbray v. SimonsSupreme Court of Iowa · 1918
- Calvert v. Mason City Loan & Investment Co.Supreme Court of Iowa · 1935
4 more not listed; retrieve them via the Exa API.