122 Iowa 157 | Iowa | 1904
The facts, as to which there is no substantial controversy in the record, are that plaintiff and
It is not necessary to cite authorities in support of the proposition that the statutory provision, being penal in its nature, must be strictly construed, not only as to the criminal punishment provided for, but also as to treble damages. And we must inquire, therefore, particularly,
It is contended by counsel that, if $400 had been paid in cash by defendant to plaintiff when the contract was made, defendant could not have recovered it back after refusing to carry out his contract, even though no forfeiture were provided for in the contract, and the case of Downey v. Riggs, 102 Iowa, 88, is relied upon. But that case is bottomed on the proposition, that one who has broken his contract cannot have relief as to anything done by him in partial performance. The defendant in this case is not asking any relief; it is the plaintiff who is in the situation of contending that, although the contract has been wholly abandoned, he has a cause of action -against the defendant for $400; that is, that the check for $400,' which was simply a chose in actiori, was an enforceable'