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Home > General > Reports of Cases in Law and Equity, Determined in the Supreme Court of the State of Iowa Volume 39
Reports of Cases in Law and Equity, Determined in the Supreme Court of the State of Iowa Volume 39

Reports of Cases in Law and Equity, Determined in the Supreme Court of the State of Iowa Volume 39


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About the Book

This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated.1875 Excerpt: ... INDEX. ACCORD AND SATISFACTION. 1. New Consideration.-At common law, an accord without satisfaction was no bar to a suit on the original obligation. If, however, the accord be founded upon a new consideration, and accepted aa satisfaction, the remedy upon the old contract is taken away. (Hall v. Smith et al., 15 Iowa, 534.) Merry v. Allen, 235. 2. Contract: Remedy. Where the parties to the original contract entered into a new agreement, based upon a new consideration, which was accepted as a substitute for the former obligation, the right of action under such original oontract is lost, and the remedy must be sought under the new agreement. Id. 3.: Performance. Full and complete performance need not be shown to establish the validity of the new agreement; it is only neces-sary to make it appear that it was entered into, and mutually accepted by the parties. Id. ACCOUNT. 1. Payment: Order Of Time. Payment on account is to be applied accord-ing to priority of time. Allen v. Brown, 330. ACTION. 1. Taxation: Practice. An action at law may be maintained for the recovery of taxes, although the legislature has provided a special remedy therefor. Per Beck, .f., Day, J., concurring. The City of Dubuque e. The III. Cen. R. Co., 56. 1. Where the law provides a special remedy, to the exclusion of all others, a different one pursued to judgment cannot be first objected to in the Supreme Court. 2. The intention of the legislature to take away the right of action at law, when a new remedy is provided, must be shown otherwise than by the existence of the new remedy. 3. The rights of the parties may be adjusted without interfering with the property of defendant, and without the hazard of loss by tax sales. 2. Taxation. An action at law cannot be maintained to recover a tax for.


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Product Details
  • ISBN-13: 9781235845581
  • Publisher: General Books
  • Publisher Imprint: General Books
  • Height: 246 mm
  • No of Pages: 260
  • Spine Width: 14 mm
  • Width: 189 mm
  • ISBN-10: 1235845583
  • Publisher Date: 01 Feb 2012
  • Binding: Paperback
  • Language: English
  • Returnable: N
  • Weight: 472 gr


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