Dyer v. National By-Products, Inc.

From wikilawschool.net. Wiki Law School does not provide legal advice. For educational purposes only.
The printable version is no longer supported and may have rendering errors. Please update your browser bookmarks and please use the default browser print function instead.
Dyer v. National By-Products, Inc.
Court Supreme Court of Iowa
Citation 380 N.W.2d 732 (1986)
Date decided 1986

Facts

The plaintiff lost his foot in a work-related accident, and was placed on a leave of absence until he returned to work. He was then fired sometime after. He claimed to forego litigating a claim in order for an oral agreement to have a lifetime of employment.


Issues

Whether a forbearance to litigate a claim when such claim was ill-founded prevents the forbearance from being sufficient consideration.


Holding

Judgment for the plaintiff.


Rules

Forbearance is sufficient if there is a reasonable ground for the claimant’s belief that it is just to try to enforce his claim. He must be ascertaining his claim in good faith.