Legal Opinion

Gardner v. Kiburz

Supreme Court of Iowa

Decided September 21, 1918PublishedCited by 8 opinions

Appeal from Linn District Court. — Milo P. Smith, Judge. An action at law to recover damages on account of a deficiency-in the acreage of land sold and conveyed by defendants to plaintiff. There was a judgment for plaintiff, and defendants appeal.

1Opinion of the CourtWeaver, J.

*12701. Vendor and purchaser: performance of contract: effect of deficiency in acreage. *1269The defendants were the owners of a farm in Clayton County, Iowa, and, in June, 1914, entered into a written contract, by which they undertook to convey it to *1270plaintiff, designating it as “being 500 acres of land, now owned by Kiburz Bros., and being the same farm shown to said second party at a previous time.” The recited consideration for such sale is stated to be $50,-000, to be paid, $1,000 down, upon the signing of the contract; $4,000, September 1, 1914; $14,624, March 1, 1915; and the remaining sum of…

2Cases cited22 opinions

  1. Crislip v. CainWest Virginia Supreme Court · 1882
  2. Fagan v. HookSupreme Court of Iowa · 1905
  3. Paine v. . UptonNew York Court of Appeals · 1882
  4. Boddy v. HenrySupreme Court of Iowa · 1904
  5. Wilson v. . RandallNew York Court of Appeals · 1876

17 more not listed; retrieve them via the Exa API.

3Cited by8 opinions

  1. McNair v. SockriterSupreme Court of Iowa · 1924
  2. Binkholder v. CarpenterSupreme Court of Iowa · 1967
  3. Gill v. EagletonNebraska Supreme Court · 1922
  4. Capps v. ClarkSupreme Court of Iowa · 1923
  5. Miller v. ConnSupreme Court of Iowa · 1922

3 more not listed; retrieve them via the Exa API.

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