Legal Opinion

Lunn v. Guthrie

Supreme Court of Iowa

Decided February 1, 1902PublishedCited by 6 opinions

.Appeal from Polk District Court. — How. C. P. Holmes, Judge. Plaintiff ivas the owner of a house and lot in the city ■of Des Moines. Defendants, as a firm, were engaged in the real estate business in said city. In the fall of the year 1894, plaintiff placed her property in the hands of defend.ants for sale. On September 28th, through negotiations had by defendants, plaintiff entered into a written 1 contract for the sale of said real estate to M. H. King.

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.Appeal from Polk District Court. — How. C. P. Holmes, Judge. Plaintiff ivas the owner of a house and lot in the city ■of Des Moines. Defendants, as a firm, were engaged in the real estate business in said city. In the fall of the year 1894, plaintiff placed her property in the hands of defend.ants for sale. On September 28th, through negotiations had by defendants, plaintiff entered into a written 1 contract for the sale of said real estate to M. H. King. By the terms of this contract she was to receive from King for said property $1,150 in cash, a deed to lots 86 and 87 Washington Heights,…

1Opinion of the CourtWaterman, J.

We cannot undertake to follow counsel for appellants in their discussion of the case. Their voluminous argument treats the subject in such detail that we should have to extend this opinion to an undue length, were wo to take up the propositions discussed, and give attention to the reasons assigned and authorities cited in support of their various positions. Let us first consider and settle some general rules.

2 *5053 *504As no fraud is charged, plaintiff has no right of action against defendants, who were her agents, if, as between her :and King, she was bound by the contract with him when this action…

2Cases cited8 opinions

  1. Eadie, Guilford & Co. v. AshbaughSupreme Court of Iowa · 1876
  2. McCorkell v. KarhoffSupreme Court of Iowa · 1894
  3. National Improvement & Construction Co. v. MaikenSupreme Court of Iowa · 1897
  4. Richmond Manuf'g Co. v. StarksU.S. Circuit Court for the District of Rhode Island · 1826
  5. Viles & Atkins v. MoultonSupreme Court of Vermont · 1839

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3Cited by6 opinions

  1. Lake v. Western Silo Co.Supreme Court of Iowa · 1916
  2. Hughes v. National Equipment Corp.Supreme Court of Iowa · 1933
  3. Royal Card & Paper Co. v. Dresdner BankCourt of Appeals for the Second Circuit · 1928
  4. Henriott v. MainSupreme Court of Iowa · 1938
  5. Robinson v. MainSupreme Court of Iowa · 1940

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