McDaniels v. Whitney
Supreme Court of Iowa
Appeal from Cass District Court. Action in Chancery to enforce the conveyance of certain lands to. plaintiff, the legal title of which is in defendant. Upon the final hearing, the relief prayed for in the petition was granted; Defendant appeals.
1ConcurrenceDay, J.
i contract • divisible. — I concur in the construction placed.by the Chief Justice upon the proposition of Whitney to McDaniels. An agreement is divisible when it embraces several undertakings, ea(Jk supported by a distinct consideration. If one should agree to sell his horse for $200, his harness for $50, and his buggy for $400, he might upon the delivery of the horse sue for, and recover the price agreed upon, although • he had not delivered the harness and the buggy. And this he might do although the undertakings were all included in one instrument, and connected by the copulative…
2Cases cited3 opinions
- Colson v. ThompsonSupreme Court of the United States · 1817
- Webb v. Town of Rocky-HillSupreme Court of Connecticut · 1852
- Rudolf v. CovellSupreme Court of Iowa · 1858