Shoenhair v. Merrill
Supreme Court of Iowa
Appeal from Hamilton District Court. — Hon. C. G. Lee, .Judge. Action in equity to recover back money alleged to have been, by mutual mistake, overpaid in a land sale, and to reform the contract. Trial to the court. Judgment for plaintiff for the amount shown, to have been overpaid, with interest. The court did not reform the contract. Defendant appeals. —
1Opinion of the CourtPreston, J.
Plaintiff’s claim is that he purchased land from the defendant at an agreed price, and made settlement through his agent, who, in deducting a certain sum of money to cover interest due on a mortgage against said land, which the purchaser was to assume, with interest, from the date of final settlement, instead of retaining for the mortgagee the sum of $600 interest then due, retained the sum of $211.67, and, upon refusal of the defendant to return the amount overpaid, brought this action to recover the overpayment. The court found the difference between these two amounts, to wit, $388.33, less…
2Cases cited4 opinions
- Fidelity Savings Bank v. ReederSupreme Court of Iowa · 1909
- Iowa State Bank v. Cereal Refund & Brokerage Co.Supreme Court of Iowa · 1906
- State Bank v. YoungSupreme Court of Iowa · 1913
- Ragsdale v. TurnerSupreme Court of Iowa · 1909
3Cited by3 opinions
- Reeves v. Better Taste Popcorn CompanySupreme Court of Iowa · 1954
- Andrew v. Union Savings Bank & Trust Co.Supreme Court of Iowa · 1938
- Bankers Trust Co. v. United States Register Co.Supreme Court of Iowa · 1925