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· 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 CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.