113 Iowa 1 | Iowa | 1901
Plaintiff sets out the following state, of facts as constituting his cause of action: The firm of. Dunham, Buckley & Co. had a judgment against plaintiff,, which had stood for many years. In October, 1891, he employed defendant Dore to purchase said judgment in his. (plaintiff’s) interest. Dore bought the judgment at a discount, taking an assignment in his own name, and then_ made an assignment of it to defendant Stinson. Stinson has caused an execution to issue and be levied on property^ of plaintiff. This action is brought to restrain the sale under execution, and secure the cancellation of the judgment on the payment to defendants of the amount paid by Dore for it, with reasonable compensation for his services. In reaching our conclusion we take mainly the testimony of plaintiff as to what occurred between him and defendant Dore. A few incidental matters to which we refer are undisputed. Dore, with -whom plaintiff was wholly unacquainted, owned or had charge of the collection of another judgment against plaintiff. Dore lived in St. Paul, Minn. Plaintiff was a resident of Howard county, in this state. Dore came to see plaintiff, and, while investigating plaintiff’s financial condition, discovered on the records of' Howard county the judgment held by Dunham, Buckley & Co. Dore arranged the matter he came for, and then, as-plaintiff tells the story, this occurred: “He (Dore) calledine behind the stacks, and said he felt sorry for me, and would buy that (the judgment of Dunham, Buckley & Co.) up as- cheap as he could. He thought he could get it for 25 cents on the dollar. I told him to go ahead and do so. The-