Maxwell v. Graves
Supreme Court of Iowa
Appeal from Palo Alto Circuit Court. The substance of tbe petition is, that in September, 1880, tbe defendant leased and delivered twenty cows to tbe plaintiff, for three years, by a written contract, by wbicb it was agreed that tbe plaintiff should keep tbe cows and their increase in a certain specified manner, and at tbe end of tbe three years tbe stock and increase was to be ajipraised by disinterested parties, and tbe defendant was to have tbe original value of tbe…
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Appeal from Palo Alto Circuit Court. The substance of tbe petition is, that in September, 1880, tbe defendant leased and delivered twenty cows to tbe plaintiff, for three years, by a written contract, by wbicb it was agreed that tbe plaintiff should keep tbe cows and their increase in a certain specified manner, and at tbe end of tbe three years tbe stock and increase was to be ajipraised by disinterested parties, and tbe defendant was to have tbe original value of tbe twenty bead of cows, in cows between tbe ages of three and six years, and each party to have one-balf of tbe remainder; that…
1Opinion of the CourtRothrock, J.
I. It is argued at some length that there was a consideration for the parol modification of the contract at the time it was made, and the petition alleges that this consideration was that expressed in the original written agreement, and the mutual benefits to be derived by each of the parties by the exchange. We do not feel called upon to determine whether this was a consideration for the modification of the contract or not.
It is averred in the petition, and contended in argument, that the plaintiff delivered the ten barren cows to the defendant in pursuance of the parol change in the…
2Cited by8 opinions
- O.P.R.R. Co. v. . ForrestNew York Court of Appeals · 1891
- Schmidt v. SchurkeSupreme Court of Iowa · 1947
- Vigelius v. VigeliusWashington Supreme Court · 1932
- Strahn v. JohnsonSupreme Court of Iowa · 1924
- Blaess v. Nichols & Shepard Co.Supreme Court of Iowa · 1902
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