Rudolf v. Covell
Supreme Court of Iowa
Appeal from, the Dubuque Distrriet Comb. This is a bill to enforce the performance of an alleged contract for the sale of a lot in the town of Dubuque, Iowa.
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Appeal from, the Dubuque Distrriet Comb. This is a bill to enforce the performance of an alleged contract for the sale of a lot in the town of Dubuque, Iowa. The bill avers that Zinck, being the owner of lot numbered two hundred and sixty-nine, in Dubuque, and being about to leave that town, gave to one Henry Grimm, verbal authority to sell the lot, for not less than one hundred and seventy-five dollars, and to receive part of the money to bind the bargain; that Zinck left Dubuque, stating that he intended to settle in St. Louis, or at such place as he could most prosper in at his trade,…
1Opinion of the CourtWoodward, J.
Cases for the specific performance of contracts, are said to lie in the discretion of the court of equity.
The following passage ■ fronr a case before the court of appeals in Maryland, (Tyson v. Watts, 7 Gill, 129,) expresses this doctrine, briefly and substantially: “ This is a bill for the specific performance of an agreement; and it is, therefore, an application to the sound discretion of the court, which withholds or grants relief, according to the circumstances of each particular case, as it presents itself. The discretion, it is true, is not arbitrary and capricious, but sound and…
2Cited by5 opinions
- Auter v. MillerSupreme Court of Iowa · 1865
- Sweeney v. O'HoraSupreme Court of Iowa · 1876
- Mitchell v. Montgomery Ward & Co.Supreme Court of Iowa · 1939
- Rand v. LaddSupreme Court of Iowa · 1947
- McDaniels v. WhitneySupreme Court of Iowa · 1873