110 Iowa 396 | Iowa | 1900
Thus presented, the case involves a determination of the question as to the effect of the March 29 th contract, viewed in the light of the surrounding facts and circumstances. Had plaintiff been the original lessor, and had nothing been done
Further, it is said that.plaintiff is not concluded by the contract of March 29th, for the reason that until performance there is no satisfaction of the original lease. It is well settled, however, that, when a promise or new contract is itself accepted in satisfaction of an old, an accord and satisfaction
There is yet another view, which it seems to us is conclusive. Plaintiff acquired title to the property of the Union Stock-Yards Company, and to the lease executed by it to the defendant, under the contract with the beneficiaries of the IBooge mortgage, and the contract with defendant under date of March 29th. By the terms of these contracts, it was to obtain good title, and convey the same to the defendant. It acquired its title in virtue of these contracts, not for the purpose of enforcing the original lease, but in order to- extinguish
Assuming that the foregoing conclusions are correct, there is nothing left to consider, for it is practically conceded that the judgment is right if the contract of March 29th is to be given the force and effect claimed for it by defendant.
We have gone over the voluminous record with the care that the importance of the case demands, and discover no error. — Aeeirmed.