Awe v. Gadd
Supreme Court of Iowa
Appeal from Winnebago District Court. — M. F. Edwards, Judge. Action at law to recover of the defendant an alleged balance due of the purchase money or consideration to he paid plaintiff by the defendant upon the sale of land. There was a verdict and judgment for the plaintiff for $1,000, and the defendant has appealed.
1Opinion of the CourtEvans, J.
i. contracts: evidenceSer: This case bristles with trouble. phe plaintiff based his right .of recovery upon an alleged oral agreement. He was confronted with the two-fold necessity of (1) avoiding the legal effect of a written contract, and (2) avoiding the statute of frauds.
The case was originally brought in equity. After several amendments and substituted pleadings filed by the plaintiff, he obtained a transfer of his cause to the law side, and it was so tried to the jury. Because of the narrow course open to the plaintiff in any view, and of the double menace on either side, he became…
2Cases cited6 opinions
- King v. Duluth, Missabe & Northern Railway Co.Supreme Court of Minnesota · 1895
- Ayres v. C., R. I. & P. R.Supreme Court of Iowa · 1879
- Runkle v. KetteringSupreme Court of Iowa · 1905
- Eastman v. MillerSupreme Court of Iowa · 1901
- Festerman v. . ParkerSupreme Court of North Carolina · 1849
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3Cited by4 opinions
- Recker v. GustafsonSupreme Court of Iowa · 1979
- Contempo Design, Incorporated v. Chicago and Northeast Illinois District Council of CarpentersCourt of Appeals for the Seventh Circuit · 2000
- Savage v. North Anson Manufacturing Co.Supreme Judicial Court of Maine · 1924
- North American Ginseng Co. v. GilbertsonSupreme Court of Iowa · 1925