· 3/16/1983
Union Story Trust & Savings Bank v. Sayer
Citations
- 332 N.W.2d 316
- 1983 Iowa Sup. LEXIS 1424
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- noting that damages are remedy for breach of promise, whereas the cancellation of duties results when conditions fail to occur
- holding a party failed to lay a proper business records exception foundation for hearsay evidence under Iowa Code section 622.28 where party failed to demonstrate that the record sought to be introduced was the business record of that party
- stating declarant was person signing a check not a bank maintaining microfilmed check copies, making declarant’s statements “double hearsay”
- loans to finance a commercial venture were not for personal, family or household purposes and were therefore not within the definition of a “consumer loan” or a “consumer credit transaction”
- “the party claiming discharge of the contract must show the condition breached constituted the entire agreed exchange by the other party, or was expressly recognized in the bargain as a condition for the other's performance” (emphasis added)
Source: CourtListener parenthetical corpus (CC0).
Judges: Harris, McGiverin, Larson, Schultz, Carter
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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