Mahaska County State Bank v. Crist
Supreme Court of Iowa
Appeal from Hamilton District Court. — Hon. S. M. Weaver, Judge. Action to recover the amount of a promissory note. The defendants Crist and Smith plead a failure of consideration, and, in a cross petition, demand judgment against their codefendants, Springer & Willard. There was a trial by jury, and a verdict and judgment in favor of Crist and Smith against the plaintiff and their codefendants. The plaintiff and Springer & Willard appeal. —
1Opinion of the CourtRobinson, C. J.
— On the twenty-second day of February, 1888, Crist and Smith purchased of Springer &'Willard a stallion, named “Bosco,” for the agreed price of one thousand, two hundred and fifty dollars, and in payment therefor gave them five hundred dollars in money, and the note in suit. The note was payable on the first of May, 1889, at Webster City, Iowa, with interest thereon at six per cent, per annum. At the time of the purchase, and as a part of the transaction, the parties thereto entered into an agreement in writing, which provided that, if the horse proved not to be a reasonably sure foal…
2Cases cited1 opinion
- Davis' Sons v. RobinsonSupreme Court of Iowa · 1885
3Cited by14 opinions
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- Smith v. CoutantSupreme Court of Iowa · 1942
- Pond v. AndersonSupreme Court of Iowa · 1950
- Richards v. Anderson Erickson Dairy Co.Supreme Court of Iowa · 2005
- CONTINENTAL CASUALTY COMPANY v. GR Kinney Co.Supreme Court of Iowa · 1966
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