WALLACE v. SPRAY

No. 48994.

78 N.W.2d 406 (1956)

Ray B. WALLACE, Plaintiff-Appellant, v. Floyd W. SPRAY and Eleanor M. Spray, Defendants-Appellees, Ida M. Wallace, Appellant.

Supreme Court of Iowa.

Rehearing Denied November 16, 1956.


Attorney(s) appearing for the Case

Lorna L. Williams, Des Moines, for appellant.

Watson & Herrick, Indianola, for appellees.


HAYS, Justice.

Plaintiff asks that a certain instrument termed an "agreement", Exhibit A in the record, be reformed to speak the real agreement between the parties; and in the alternative, for a partial rescission thereof. Defendant denies that the "agreement" fails to state the true agreement; pleads that plaintiff is estopped to have relief; and by way of affirmative relief, asks that the court decree the "agreement" to be the true contract and establish it as such...

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