135 Iowa 600 | Iowa | 1907
Some time in 1905, plaintiff undertook to erect and equip a creamery at Lenox, Iowa, in consideration of $4,700 to be paid by forty-seven subscribers in sums of $100 each. It did so, and in this action seeks to enforce payment from defendant, whose name was the twenty-ninth on the list. The defense interposed was that his signature
Plaintiff’s theory is that signature was written for precisely the same purpose, though without reason to think no stipulations were above his name. These stipulations were that, in event enough should be subscribed, each of the subscribers would pay the amount set opposite his name and join in the organization of a co-operation which should take over the 'creamery and issue the proper amount of stock to each.