Legal Opinion
Denecke v. West
Supreme Court of Iowa
Decided October 18, 1918PublishedCited by 4 opinions
Appeal from Limi District Gowrt. — John T. Moefit, Judge. Action at law to recover upon a surety bond. There was a directed verdict for the plaintiff, and from the judgment rendered thereon, the defendant appeals.
1Opinion of the CourtWeaver, J.
1. Principal and surety: ultra vires in re surety bona. On February 17, 1914, the defendant West sold and conveyed to the plaintiff a described half section of land in the state of Colorado. At the time of said sale and conveyance, and as a part of the same transaction, the grantor and grantee entered iuto a written contract, which, in view of the somewhat peculiar nature of the controversy, we here set out in full.
“CONTRACT.
“This contract, made in duplicate and entered into this 17th day of February, 1914, by and between N. P. West of Linn County, Iowa, party of the first part, and C.…
2Cases cited13 opinions
- Whitney Arms Co. v. . BarlowNew York Court of Appeals · 1875
- City of Davenport v. Peoria Marine & Fire InsuranceSupreme Court of Iowa · 1864
- Wright v. HughesIndiana Supreme Court · 1889
- Field v. Eastern Building & Loan Ass'nSupreme Court of Iowa · 1902
- Fishbaugh v. SpunaugleSupreme Court of Iowa · 1902
8 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- McMahon v. CooneyMontana Supreme Court · 1933
- Moore v. AltmyerSupreme Court of Iowa · 1925
- Independence Indemnity Co. v. Industrial Realty Co.Court of Appeals of Georgia · 1933
- State Ex Rel. Havner v. Associated Packing Co.Supreme Court of Iowa · 1935