Gardner v. Gardner
Iowa Supreme Court
454 N.W.2d 361 (Iowa 1990)
Harry Gardner (defendant) was in debt to the bank. He wanted to refinance his loan, but needed some kind of collateral. Upon request, his brothers (plaintiffs) deeded their remainder interests in family farmland to him. Harry told the brothers orally that if he ended up not being able to refinance the loan, he would convey the interests back to them. Subsequently, Harry’s application for refinancing was denied, but he refused to return his brothers’ remainder interests. His brothers brought suit. The trial court did not allow the brothers to introduce evidence of the oral agreement to return the land interests. The brothers appealed.
Rule of Law
Holding and Reasoning (Larson, J.)
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