Dyer v. National By-Products, Inc.

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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.