BJORNSTAD v. FISH

No. 49241.

87 N.W.2d 1 (1957)

Otto A. BJORNSTAD, Jr., Ella J. Bjornstad, Otto A. Bjornstad, Jr., and Jeanette M. Booth, as Trustees under the will of Otta A. Bjornstad, deceased; C. Ben Bjornstad, Wilson Cornwall, R. M. Cornwall, Ruth M. Cornwall, Mabry Cornwall, Dean Cornwall, Tom Cornwall, Marian C. Cretzmeyer, Patricia C. Shelledy, Clare C. Wheeler, Barbara C. Mueller, John L. Cornwall and Margaret M. Kennedy, Appellees, v. Thomas G. FISH and Earl Hoover, as Executors of the Estate of Carrie G. Birdsall, deceased; Thomas G. Fish and Earl Hoover, as Trustees under the will of Carrie G. Birdsall, deceased; Clay County National Bank, as Trustee under the will of J. A. Wahlstrom, deceased; Inez Margaret Mills, as Executrix of the Estate of J. A. Wahlstrom, deceased; Irene Nafie; Tresabel Prunty, Appellants.

Supreme Court of Iowa.

December 17, 1957.


Attorney(s) appearing for the Case

Kelly, Spies & Culver, Emmetsburg, James & Greer, Spencer, and Linnan & Lynch, Algona, for appellants Thomas G. Fish and Earl Hoover, as Executors of Estate of Carrie G. Birdsall, deceased.

James & Greer, Spencer, for appellant Tresabel Prunty.

Loth & Melton, Fort Dodge, and Alden D. Avery, Spencer, for appellees.


WENNERSTRUM, Justice.

The controversy, which has resulted in this appeal, concerns the interpretation of a claimed option agreement to purchase an interest in a business and office building in Spencer, Iowa. The plaintiffs' action is in equity and their theory is the partnership which owns the building should be liquidated. There was an original agreement relative to ownership. Later certain parties to it entered into a contract regarding a possible purchase of the...

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