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HARRIS v. SHORT

No. 50388.

115 N.W.2d 865 (1962)

Helen Paine HARRIS, Appellant, v. James F. SHORT (Known also as Fred Short), Appellee, D. W. Harris, Defendant in Cross-Petition-Appellant.

Supreme Court of Iowa.

June 12, 1962.

Attorney(s) appearing for the Case

James McGrath, Keosauqua, for appellants.

Bailey C. Webber, Ottumwa, for appellee.

MOORE, Justice.

On June 22, 1960, plaintiff filed her action in forcible entry and detainer based on a claimed forfeiture of real estate contract of which notice was served January 4, 1960. Defendant's answer alleged waiver of the strict terms of the notice by acceptance of part payment during the 30-day forfeiture period and also estoppel. Defendant's cross-petition against plaintiff and her husband D. W. Harris alleged plaintiff's actions through her agent D. W...

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