This section is from the book "American Law Of Real Estate Agency", by William Slee Walker. Also available from Amazon: American law of real estate agency.
Where an action was tried by both parties on the theory that the contract sued on was a written one, and defendant requested several instructions which so stated, he could not, on appeal, be heard to contend that the contract was verbal. McDermott v. Mahoney (Iowa Sup. '06), 106 N. W. 925. Compare Sec. 840.
 
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