Campbell v. Hagerty
Supreme Court of Iowa
Appeal from Guthrie District Court. — J. H. Applegate, Judge. Action at law to recover $2,250, the balance of the purchase price on real estate sold by plaintiff to defendant.' Trial to the court without a jury. Judgment for plaintiff for the amount claimed, and that the warranty deed and abstract deposited with the clerk should be delivered to the defendant. The defendant appeals. —
1Opinion of the CourtPeeston, J.
The parties entered into a written contract, February 6, 1920, for two lots in the town of Stuart. By the contract, defendant was to have possession of the property, March 1, 1920. He did take possession thereof three or four days thereafter, and testifies that he makes no complaint that he was not given possession on the first day of March. The contract price was $2,750, $500 of which was paid upon the execution of the contract. The balance was to be paid “when warranty deed and abstract is furnished showing good clear title and possession is given,” etc.
The finding of the trial court upon…
2Cases cited2 opinions
- Hounchin v. SalyardsSupreme Court of Iowa · 1911
- Anderson v. KyleSupreme Court of Iowa · 1905
3Cited by6 opinions
- McNair v. SockriterSupreme Court of Iowa · 1924
- Dierksen v. PahlSupreme Court of Iowa · 1922
- Creel v. HammansSupreme Court of Iowa · 1944
- Van Duzer v. EngeldingerSupreme Court of Iowa · 1929
- Creel v. HammansSupreme Court of Iowa · 1944
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