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.
