138 Iowa 611 | Iowa | 1908
In 1895 plaintiff and defendant entered into a contract for the exchange of properties as the result of negotiations through one Burnett, by which, in consideration of receiving from Burnett certain properties subject to a mortgage, the plaintiff conveyed to defendant a tract of land situated in Hitchcock county, Neb., for the consideration recited in the deed of $1,200, subject to a mortgage to secure the payment of $200, with interest. As a part of the arrangement, Burnett received from defendant an assignment of a contract for a tract of land in Taylor county, Iowa. In September, 1903, plaintiff, who was personally obligated on the mortgage subject to which the Nebraska land was conveyed to defendant, satisfied and extinguished this mortgage debt by the payment of $‘30’5.80, thb
On account of the error of the trial court in sustaining the objection to Burnett’s deposition, the judgment is reversed.