McClurg v. McEvoy
Supreme Court of Iowa
Appeal from Des Moines Municipal Court. — T. L. Sellers; Judge. Defendant appeals from an order of the court overruling a motion to require plaintiff to elect upon which of two counts of his petition he relies, and to strike Count 2 thereof.
1Opinion of the Court
Stevens, J., i. Appeal and ing°to’ com-to strike. Plaintiff, a copartnership, consisting of S. O. McClurg and W. B.’ Walker, alleged, in their original petition, that, on July 7, 1919, they entered into a written contract of agency with the defendant for the sale of a tract of land in Faribault County, Minnesota, providing “that, if second party should find a purchaser for above-described real estate on the following terms, $29,400 net to said first party, that said first party shall execute good and sufficient warranty deed to said pur chaser, and furnish abstract showing good title to said…
2Cases cited3 opinions
- State ex rel. Fullerton v. Des Moines City RailwaySupreme Court of Iowa · 1906
- Northwestern Trading Co. v. Western Live Stock InsuranceSupreme Court of Iowa · 1917
- Peter Schoenhofen Brewing Co. v. GiffeySupreme Court of Iowa · 1913
3Cited by9 opinions
- Dorman v. Credit Reference & Reporting Co.Supreme Court of Iowa · 1932
- Ontjes v. McNiderSupreme Court of Iowa · 1937
- Smith v. Waterloo, Cedar Falls & Northern Railway Co.Supreme Court of Iowa · 1921
- Manley v. PaysenSupreme Court of Iowa · 1932
- In Re Receivership Bank of HamburgSupreme Court of Iowa · 1927
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