Auter v. Miller
Supreme Court of Iowa
Appeal from Blaclchawk District Court. Specific performance: statute of frauds: payment OF CONSIDERATION: EFFECT OF ADMISSION OF YER-BAL CONTRACT IN THE ANSWER, AND ITS PROOF BY THE testimony of the defendant.
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Appeal from Blaclchawk District Court. Specific performance: statute of frauds: payment OF CONSIDERATION: EFFECT OF ADMISSION OF YER-BAL CONTRACT IN THE ANSWER, AND ITS PROOF BY THE testimony of the defendant. The petition claims that the defendant, on the 10th day of October, 1863, verbally sold part of lot 1, block 8, Waterloo, to the plaintiff, for the price of $700, payable in a due-bill of the defendant, held by the plaintiff, for about $252, and in promissory notes on other persons, amounting in all to the sum of $700. The plaintiff contends that these notes were by him delivered to and…
1Opinion of the CourtDillon, J.
1. Statute of frauds: payment of consideration. By our statute of frauds (Rev., §§4006, 4007), contracts for the sale of land are required to be evidenced by a “ writing, signed, by the party charged, or his lawfully authorized agent." To this there are, however, certain exceptions created by the statute. Thus, the statute does not apply “ where the purchase-money, or any portion thereof, has been received by the vendor, or where the vendee, with the *408actual or implied consent of the vendor, has taken and held possession of the land under and by virtue of the contract, or where there is any…
2Cases cited4 opinions
- Colson v. ThompsonSupreme Court of the United States · 1817
- Phillips v. ThompsonNew York Court of Chancery · 1814
- Harris v. KnickerbackerCourt for the Trial of Impeachments and Correction of Errors · 1830
- Rudolf v. CovellSupreme Court of Iowa · 1858
3Cited by15 opinions
- Mitchell v. MutchSupreme Court of Iowa · 1917
- Zundelowitz v. WebsterSupreme Court of Iowa · 1896
- Marks v. McGookinSupreme Court of Iowa · 1905
- Deitrick v. SinnottSupreme Court of Iowa · 1920
- Mighell v. DoughertySupreme Court of Iowa · 1892
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