Truitt v. Mackaman
Supreme Court of Iowa
Appeal from Polk District Court. — Hon. Lawrence De Grape, Judge. Suit in equity to rescind a contract or purchase and sale on the ground of various breaches thereof. At a previous trial a decree was entered as against the defendant F. H. Mackaman. Upon the trial now under review a decree was entered by stipulation against the other defendant, Margaret S. Mackaman. Both defendants appeal.
1Opinion of the CourtEvans, J.
In December, 1909, the defendants sold to the plaintiffs, by written contract, certain lots in the city of Des Moines and agreed to erect thereon a dwelling house according to certain specifications. For such consideration the plaintiffs agreed to pay the defendants the sum of $3,000. One thousand dollars of such consideration was paid in March, 1910, in advance of performance. In December, 1910, plaintiffs brought this action against both defendants to rescind the contract for failure of performance on the part of the defendants. They asked to recover back the sum of $1,000 paid and that…
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