Reports of Cases in Law and Equity Determined in the Supreme Court of the State of Iowa (Volume 3) (Paperback)

This historic book may have numerous typos, missing text or index. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. 1870. Not illustrated. Excerpt: ... CASES IN LAW AND EQUITY, DETERMINED IN THE SUPREME COURT OF THE STATE OF IOWA, A party waives his objection to the ruling of the court on demurrer by amending bis declaration to meet the objection, and going to trial on the merits. Where a written contract appears on its face to be complete, it cannot be modified, varied or contradicted by parole proof; but if the writing seems to express only some parts of an agreement, parole evidence is admissible to prove other silent or doubtful parts of the contract. Where a sheriff, nominally made plaintiff in connection with others who were the real parties in interest, was called upon to testify in behalf of the defendant, it was held that his testimony was admissible, but not so when called upon to testify in behalf of his co-plaintiffs. A written contract made between parties to a suit to compromise and settle, is valid, even if made without any other consideration. Vol. III. 2 Taylor v. Galland. A settlement of the cause of action in replevin by one joint defendant is a settlement as to all. Torts such as die with the party cannot be assigned; but those affecting rights rested ad rem and in re, possibilities coupled with an interest, and claims growing out of and adhering to property, may pass by assignment. In a contract between B. and H., B. at the time performed his part of the covenants by executing a bill of sale, while H. was to perform his covenants in future in the management of a suit, &c., all of which were averred to have been performed by the pleadings, and not traversed: held that it was unnecessary to prove performance in order to a recovery. When parties undertake to settle a legal controversy by assigning their respective conflicting claims to a third party in interest, a court of law will favor such ...