Tomlinson v. Smith
Supreme Court of Iowa
Appeal from, the■ Dubuque District Court. This is a bill in chancery to enforce the specific performance of a contract to convey real estate* commenced by Tomlinson against Smith and others.
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Appeal from, the■ Dubuque District Court. This is a bill in chancery to enforce the specific performance of a contract to convey real estate* commenced by Tomlinson against Smith and others. The bill, in substance* shows that "Wilson, being the agent of Fain and Branner* for the sale of land warrants, on the 23d of June, 1851, in their behalf, entered into' an agreement with one Blancet, to locate the lands described in the bill, in their names, and took the note of Blancet, payable to said Pain and Branner* for two hundred and twenty dollars* in one year; and on their part, Wilson, as such…
1Opinion of the CourtIsbell, J.
In considering this case, we shall regard the last point made by the demurrer only, which is “ there is no equity in complainant’s bill.” Though other parties are made to the bill, relief is prayed against Smith alone. The original agreement, which is at the foundation of this case, was made between Blancet, of whom the complainant is as*42signee, and. Eain and Branner, grantors of Smith. This agreement is substantially on the part of Blancet,' that he will pay, on or before a year from the 23d of June, 1851, to Eain and Branner, the sum of two hundred and twenty dollars (for which he gave his…
2Cited by3 opinions
- Belknap v. BelknapSupreme Court of Iowa · 1912
- Van Dusen v. ParleySupreme Court of Iowa · 1874
- Davis v. EatonSupreme Court of Iowa · 1931