Legal Opinion

Hawes v. Swanzey

Supreme Court of Iowa

Decided February 11, 1904PublishedCited by 17 opinions

Appeal from Monona District Court.- — Hon. George W. Wakeeield, Judge. . Action in equity for specific performance of contract to purchase real estate. Decree for plaintiff, and the defendants Swanzey appeal.

1Opinion of the CourtWeaver, J.

The defendants Swanzey admit entering into a contract to purchase the land, and that they made a payment of $500 thereon, and deposited other moneys in^ *52the defendant bank to be paid plaintiff when the conveyance was delivered according to contract. They allege by way ox defense: (1) That plaintiff agreed to furnish them an abstract showing perfect title to the land, and make due conveyance thereof on or before July 1, 1902, but failed so to do, the abstract furnished showing the title to be iii fact seriously defective; and that, after waiting until September 25, 1902, for plaintiff to…

2Cases cited13 opinions

  1. Brown v. Guarantee Trust & Safe Deposit Co.Supreme Court of the United States · 1888
  2. Welch v. WhelpleyMichigan Supreme Court · 1886
  3. Donley v. PorterSupreme Court of Iowa · 1903
  4. Hubbell v. . Von SchoeningNew York Court of Appeals · 1872
  5. Luse v. DeitzSupreme Court of Iowa · 1877

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3Cited by17 opinions

  1. Webb v. HancherSupreme Court of Iowa · 1905
  2. Colpe v. LindblomWashington Supreme Court · 1910
  3. Rossing v. State BankSupreme Court of Iowa · 1917
  4. Farmers' Milling Co. v. Mill Owners Mutual Fire Ins.Supreme Court of Iowa · 1905
  5. Severson v. KockSupreme Court of Iowa · 1913

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