Lillienthal v. Bierkamp
Supreme Court of Iowa
Appeal from Cedar District Court.— Hon. B. H. Milleb, Judge. Action for specific performance of a contract by which defendants obligated themselves to purchase a certain tract of land from plaintiffs, and pay therefor on delivery of a good and sufficient warranty deed and abstract showing perfect title in plaintiffs, on or before the 1st day of March, 1903. Defendants resisted specific performance on the ground that plaintiffs had no title, and had not tendered a sufficient…
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Appeal from Cedar District Court.— Hon. B. H. Milleb, Judge. Action for specific performance of a contract by which defendants obligated themselves to purchase a certain tract of land from plaintiffs, and pay therefor on delivery of a good and sufficient warranty deed and abstract showing perfect title in plaintiffs, on or before the 1st day of March, 1903. Defendants resisted specific performance on the ground that plaintiffs had no title, and had not tendered a sufficient abstract of title, and by way of counterclaim defendants asked judgment for the amount paid in advance at the time of…
1Opinion of the Court
McClain, J.—
A former decision of this court affirming the decree of the lower court, with a slight modification, having been set aside on a petition for rehearing, the ease is now before us for redetermination. In the course of the various arguments many propositions of law have been announced, supported by citation of numerous authorities, but we think that the case can be disposed of by the statement of a few controlling facts about which there is no substantial dispute in the record, without elaborating the questions of *44law which have been argued. When the facts are analyzed, no…
2Cited by7 opinions
- Dierksen v. PahlSupreme Court of Iowa · 1922
- Eller v. NewellSupreme Court of Iowa · 1913
- Amundson v. SeversonSouth Dakota Supreme Court · 1919
- Vanderwilt v. BroermanSupreme Court of Iowa · 1926
- Keifer v. DreierSupreme Court of Iowa · 1925
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