Legal Opinion

McCullough v. Connelly

Supreme Court of Iowa

Decided December 16, 1907PublishedCited by 20 opinions

Appeal from Crawford District Court.— Hon. Z. A. Church, Judge. (An opinion was filed in this case at a former term of this court. Therein the absence from the record of a material fact was given importance to control the decision.

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Appeal from Crawford District Court.— Hon. Z. A. Church, Judge. (An opinion was filed in this case at a former term of this court. Therein the absence from the record of a material fact was given importance to control the decision. Thereafter a petition for rehearing was filed, presenting the contention that certain statements found in the argument of appellee, as originally filed, should be given effect as an admission of the fact assumed in the opinion to be absent; and on further consideration we conclude that the contention should be sustained. Accordingly the former opinion is-withdrawn,…

1Opinion of the Court

Bishop, J. —

The real estate, in question consists of a forty-acre tract situated in Crawford county; and on May 6, 1901, the same was owned by the defendant, Amanda Connelly. Plaintiff’s action is based on a contract in writing for the sale of said real estate executed in the name of the defendant by one Jackson, agent. The writing is dated May 6, 1901, and recites payment of the consideration in full, and provides that deed of conveyance shall be made on request and surrender of the contract. Such writing was not made a matter of record. In November defendant, acting in person, contracted in…

2Cases cited8 opinions

  1. Griffin v. SeymourSupreme Court of Iowa · 1863
  2. In re AndersonSupreme Court of Iowa · 1904
  3. Corwin v. WallaceSupreme Court of Iowa · 1864
  4. Devin v. City of OttumwaSupreme Court of Iowa · 1880
  5. Kern v. WilsonSupreme Court of Iowa · 1891

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3Cited by20 opinions

  1. Smith v. UpdegraffCourt of Appeals for the Eighth Circuit · 1984
  2. Tutt v. SmithSupreme Court of Iowa · 1924
  3. Hawkeye Life Insurance v. Valley-Des Moines Co.Supreme Court of Iowa · 1935
  4. In Re Estate of CliftonSupreme Court of Iowa · 1928
  5. In Re Richardson's EstateSupreme Court of Iowa · 1958

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