Findley v. Koch
Supreme Court of Iowa
Appeal from Clay District -Court.— HoN. A. D. Bailie, J udge. ActioN against defendant Koeli for specific performance of contract to convey land, with the additional prayer that if defendants be found not .able to perform tbeir contract, then that plaintiffs have damages on account of the increased value of the land after the making of the contract, and also for the loss of the rental value; and, further, that if for any reason plaintiffs are not entitled to such relief,…
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Appeal from Clay District -Court.— HoN. A. D. Bailie, J udge. ActioN against defendant Koeli for specific performance of contract to convey land, with the additional prayer that if defendants be found not .able to perform tbeir contract, then that plaintiffs have damages on account of the increased value of the land after the making of the contract, and also for the loss of the rental value; and, further, that if for any reason plaintiffs are not entitled to such relief, then that they have judgment against defendants for $1,500 paid by plaintiffs on the purchase price. Defendants interposed…
1Opinion of the Court
McClaiN, J.—
1. Contract for the sale of land. Counsel for appellees contend that the contract to convey was not made by plaintiffs with defendant Koch, but with Everett & Blow, real estate agents, who agreed to furnish abstract, conveyance, etc., and that the money was paid to this firm, and therefore no action can be maintained against Koch. But this is clearly an erroneous interpretation of the written contract, which explicitly states that Everett & Blow acted as agents for Koch, the owner of the real estate referred to in the contract. It further appears that Koch in writing accepted the…
2Cases cited4 opinions
- Willard v. TayloeSupreme Court of the United States · 1870
- Powell, Whitehurst & Co. v. BerrySupreme Court of Virginia · 1895
- Gish's v. JamisonSupreme Court of Virginia · 1898
- Giltner v. RaylSupreme Court of Iowa · 1894
3Cited by14 opinions
- Reiger v. TurleySupreme Court of Iowa · 1911
- Foundation Development Corp. v. Loehmann's, Inc.Arizona Supreme Court · 1990
- ASPINWALL v. RyanOregon Supreme Court · 1951
- Mohler v. Guest Piano Co.Supreme Court of Iowa · 1919
- Raasch v. GouletNorth Dakota Supreme Court · 1929
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