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TSCHIRGI v. MERCHANTS NATIONAL BANK OF CEDAR RAPIDS

No. 50497.

113 N.W.2d 226 (1962)

Anthony TSCHIRGI and Ruth Tschirgi Berry, Appellants, v. The MERCHANTS NATIONAL BANK OF CEDAR RAPIDS, Iowa, as Executor of the Will of Grace F. Tschirgi, Deceased, Appellee.

Supreme Court of Iowa.

February 6, 1962.

Attorney(s) appearing for the Case

Simmons, Perrine, Albright, Ellwood & Neff, Cedar Rapids, for appellants.

Elliott, Shuttleworth & Ingersoll, Cedar Rapids, for appellee.

LARSON, Justice.

This is a suit for specific performance of the optional provisions of a contract of settlement negotiated between the plaintiffs and defendant's decedent as a result of a dispute at the time of closing of the estate of plaintiffs' father. Defendant resisted on the grounds that (1) plaintiffs had breached the contract of settlement, (2) had failed to allege and prove essential elements of such a suit, and (3) were guilty of such illegal and unconscientious...

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