Trustees of Oskaloosa College v. Stafford
Supreme Court of Iowa
Appeal from Mahaska District Court. These cases present the same questions for determi-, nation. The defendants were sued on a subscription for a college building near the city of Oskaloosa.
Read the full summary
Appeal from Mahaska District Court. These cases present the same questions for determi-, nation. The defendants were sued on a subscription for a college building near the city of Oskaloosa. The defendants each answered claiming that they subscribed to the contract upon which they are sued with the understanding that a religious denomination styled the “ Christian Association ” were to endow the college as soon as the building was completed, and that when it was so endowed and the institution put into operation, the subscribers who assisted in building the college were to have the benefit of…
1Opinion of the CourtBaldwin, C. J.
Tbe appellants abandon the position wbicb tbey appear to have assumed in the court below, and upon which the answer seems to be predicated; that is, that the court has the power to reform the contract and grant the relief prayed for. The counsel now claim that the contract embodied in the subscription was predicated upon certain parol agreements and representations relied upon by the parties that were untrue, that had no existence; and it is therefore without consideration.
"We think this position untenable. The rule is well settled that the written agreement, unless ambiguous, is the fair…
2Cited by3 opinions
- Martin v. HamlinMichigan Supreme Court · 1869
- Paddock v. BartlettSupreme Court of Iowa · 1885
- Koch v. BirdMichigan Supreme Court · 1913