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action affirmed agreement alleged amended amount appeal application attorney authority bank Board cause charged circuit City claim commission Company compensation complaint condition consideration considered constitutional contends contract corporation costs decree deed defendant definitions denied determine direct district duty effect entered entitled error established evidence executed fact farm filed follows further give granted ground held hold injury interest Iowa issue Judge judgment jury Justice land lien matter ment Michigan Minn mortgage motion negligence North operation opinion owner paid parties payment Permanent person plain plaintiff present proceedings purchase question rates reasonable received record reference relation result reversed rule secure statement statute Supreme Court sustained taken testimony tion trial court trustee