Mason v. Cater
Supreme Court of Iowa
Appeal from Hamilton District Court. — R. M. Wright, Judge. Actton at law, to recover on two promissory notes. Defendants admit the execution thereof, but plead that the notes were delivered on condition, and for a special purpose only, by virtue of a collateral parol agreement which was the inducement for the signing of said notes. Verdict of a jury, finding for defendants. Judgment entered against plaintiff for costs. Plaintiff- appeals.
1Opinion of the CourtDe Graff, J.
Plaintiff and defendants exchanged farms at stipulated values. Taking into consideration the agreed values of the farms and the outstanding mortgages, it was determined by the parties that the difference was in the sum of $2,455, in favor of the plaintiff, as evidenced by the notes in suit.
It is alleged in answer by defendants that the execution and delivery of said notes were made upon the express condition, understanding, and .agreement between the parties that the land conveyed to defendants was to be placed upon the market for sale, and, if sold to a purchaser acceptable to plaintiff, and…
2Cases cited8 opinions
- Sutton v. GriebelSupreme Court of Iowa · 1902
- Oakland Cemetery Ass'n of Lyons v. LakinsSupreme Court of Iowa · 1904
- Ball v. JamesSupreme Court of Iowa · 1916
- Banwart v. ShullenburgSupreme Court of Iowa · 1920
- Herron v. BrintonSupreme Court of Iowa · 1920
3 more not listed; retrieve them via the Exa API.
3Cited by14 opinions
- Ellis J. Gomez & Co. v. HartwellSupreme Court of Vermont · 1923
- Anthon State Bank v. BernardSupreme Court of Iowa · 1922
- In Re Estate of SimplotSupreme Court of Iowa · 1931
- Brewood v. CookCourt of Appeals for the D.C. Circuit · 1953
- Andrew v. HansonSupreme Court of Iowa · 1928
9 more not listed; retrieve them via the Exa API.