130 Iowa 504 | Iowa | 1906
The case as stated by tbe plaintiffs is substantially as follows: On and prior to April 25, 1903, tbe defendant was tbe owner and proprietor of several business enterprises at tbe town of Lisbon, in Linn county, Iowa, in which considerable capital and labor were employed, and tbe plaintiffs were citizens of the town of Mt. -Vernon, in tbe same county, where they owned property and were engaged in business. Tbe defendant professing a desire to remove bis several business enterprises from Lisbon to Mt. Vernon, and tbe plaintiffs believing that tbe establishment of tbe same in their town would increase its
In their original petition after setting out the foregoing facts plaintiffs proceed to allege “ that they have at all times been able, ready, and willing to pay the defendant the said sum- of two thousand dollars according to the terms of the agreement, but defendant has refused and still refuses to carry out or perform the terms of his said written agreement or any part thereof,” and on the showing thus made they demand a recovery of damages in the liquidated sum of two thousand dollars. The defendant demurred to the
There is no prejudicial error in this record, and the judgment of the district court is affirmed.