SMITH v. HOUGH

No. 49865.

100 N.W.2d 906 (1960)

Mildred E. SMITH, Plaintiff-Appellee, v. Lyle K. HOUGH, Defendant-Appellant.

Supreme Court of Iowa.

February 9, 1960.


Attorney(s) appearing for the Case

Life & Davis, Oskaloosa, for appellant.

Herbert Rosenberg, Des Moines, for appellee.


HAYS, Justice.

This is a law action tried to the court without a jury. As originally pleaded, plaintiff sought judgment for $3,000 based upon a promissory note. After the trial had commenced and plaintiff had offered considerable evidence, the court granted plaintiff the right to recast her pleadings. Under an amended and substitute petition, plaintiff in Count I asked judgment on a $2,500 promissory note, and by Count II asked judgment for $500 for money loaned to...

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