Hess v. Bowen
Court of Appeals for the Eighth Circuit
' Appeal from the District Court of the United States for the Southern District of Iowa; Martin J. Wade, Judge. Suit by Francis F. Hess against Hugh Bowen. From a decree for defendant (237 Fed. 510), plaintiff appeals.
1Opinion of the Court
SANBORN, Circuit Judge.
[1] This appeal challenges a decree of dismissal of a suit for specific performance of an agreement made by Hugh Bowen, the defendant below, to purchase 545 acres of land in the state of Iowa from the plaintiff, Francis E. Hess, on condition that the latter would furnish a good and merchantable title to this land in nitaself, and would convey that title by a warranty deed to Bowen. The defense was that Hess did not have, and could not furnish, such a title. These are the facts which condition the issue whether or not the court below was in error in refusing to enforce…
2Cases cited6 opinions
- Hennessy v. WoolworthSupreme Court of the United States · 1888
- Shubert v. WoodwardCourt of Appeals for the Eighth Circuit · 1909
- Federal Oil Co. v. Western Oil Co.Court of Appeals for the Seventh Circuit · 1902
- Chesman v. CummingsMassachusetts Supreme Judicial Court · 1886
- Dow v. WhitneyMassachusetts Supreme Judicial Court · 1888
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3Cited by4 opinions
- Sun Life Assurance Co. of Canada v. AllenMichigan Supreme Court · 1935
- Jenkins Petroleum Process Co. v. Sinclair Refining Co.District Court, D. Maine · 1928
- Incorporated Town of Laurens v. Northern Iowa Gas & Electric Co.District Court, N.D. Iowa · 1920
- Sumner v. BankheadSupreme Court of South Carolina · 1922