Wiseman v. Thompson
Supreme Court of Iowa
Appeal from Calhoun District Court. — Hon. George W. Paine, Judge. Tbe parties entered into an oral agreement, whereby the defendants were to drill and case for the plaintiff a well for the agreed price of one dollar and twenty cents a foot for the first one hundred feet, and twenty-five cents per foot additional after that depth. The well was drilled to a depth of one hundred and twenty feet, for which the plaintiff gave his note for one hundred and forty-nine dollars.
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Appeal from Calhoun District Court. — Hon. George W. Paine, Judge. Tbe parties entered into an oral agreement, whereby the defendants were to drill and case for the plaintiff a well for the agreed price of one dollar and twenty cents a foot for the first one hundred feet, and twenty-five cents per foot additional after that depth. The well was drilled to a depth of one hundred and twenty feet, for which the plaintiff gave his note for one hundred and forty-nine dollars. Tire note was transferred to a third party, and afterward paid by the plaintiff, and this action is to recover from the…
1Opinion of the CourtGranger, J.
*6091 *608I. It is urged (tha.t testimony to show the facts under which it is averred that the note Was delivered, or, in other ,words, to “show the conditions of the pretended original agreement,” could not be used. The thought is that such testimony, and the *609facts, if established, contradict the terms of the note, in violation of the general rule as to parol evidence to vary or contradict a written instrument-. Without saying that the rule sought to be applied has ¿application to this case, it is enough to say that the objection came too late. The petition, on its face, plainly shows the facts upon…
2Cases cited6 opinions
- Mann v. TaylorSupreme Court of Iowa · 1889
- Linden v. GreenSupreme Court of Iowa · 1890
- Dunn v. WolfSupreme Court of Iowa · 1891
- Brockert v. Central Iowa Railway Co.Supreme Court of Iowa · 1891
- Burden v. KnightSupreme Court of Iowa · 1891
1 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- Bohanan v. MaxwellSupreme Court of Iowa · 1921
- Matter of Estate of KalouseSupreme Court of Iowa · 1979
- Gilman v. McDanielsSupreme Court of Iowa · 1916
- Marr v. Burlington, Cedar Rapids & Northern Railway Co.Supreme Court of Iowa · 1903
- Barnes v. RawsonSupreme Court of Iowa · 1900
2 more not listed; retrieve them via the Exa API.