Nowlin v. Pyne
Supreme Court of Iowa
Appeal fro7n Bentoo% District Court. This cause was before the court at a previous term on demurrer to the petition, and is reported in 40 Iowa, 166. After the cause was returned to the court below, the defendant filed an answer setting up that the agreement sued on was executed by mistake, that by mistake of the draftsman the agreement of the parties was. not correctly .stated in the writing, and lie. asked that it be reformed so as to state and set forth the contract…
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Appeal fro7n Bentoo% District Court. This cause was before the court at a previous term on demurrer to the petition, and is reported in 40 Iowa, 166. After the cause was returned to the court below, the defendant filed an answer setting up that the agreement sued on was executed by mistake, that by mistake of the draftsman the agreement of the parties was. not correctly .stated in the writing, and lie. asked that it be reformed so as to state and set forth the contract actually entered into. Upon this issue there was a trial. A decree was entered reforming the writing sued on, and dismissing…
1Opinion of the CourtSeeveks, J.
The answer was treated' by the Circuit Court and parties at the hearing as a cross-petition, and no objection is interposed in this court that the defendant was not entitled to the relief granted because his pleading was not strictly correct as a matter of form.
We are satisfied with the finding of the court below as to the single question of fact in the case.' The parties made an agreement to exchange certain real estate they respectively owned, on condition that the defendant could by the first day of April, 1874, make a title to that which he proposed to exchange; it being understood that…
2Cases cited5 opinions
- Hunt v. Rousmanier's AdministratorsSupreme Court of the United States · 1823
- Hunt v. RhodesSupreme Court of the United States · 1828
- Stedwell v. AndersonSupreme Court of Connecticut · 1851
- Fitzgerald v. PeckCourt of Appeals of Kentucky · 1823
- Wadsworth & Co. v. SmithSupreme Court of Iowa · 1876
3Cited by11 opinions
- Lee v. PercivalSupreme Court of Iowa · 1892
- Stafford v. FettersSupreme Court of Iowa · 1881
- Jamison v. State InsuranceSupreme Court of Iowa · 1892
- Coleman v. ColemanSupreme Court of Iowa · 1911
- Story v. GammellNebraska Supreme Court · 1903
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