Davis v. Stevens
Supreme Court of Iowa
Appeal from the Polh District Court. This was a bill in chancery, praying the specific execution of a contract made by defendant to plaintiff, for tbe sale of a certain tract of land.
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Appeal from the Polh District Court. This was a bill in chancery, praying the specific execution of a contract made by defendant to plaintiff, for tbe sale of a certain tract of land. The material parts of said contract are as follows: the defendant agreed to “sell and convey by deed of special warranty unto J. Dr Davis, the (describing tbe land), on condition, that said Davis pay promptly, time being of tbe essence of tbe contract, a certain promissory note, given September 17tb, 1853, calling for two hundred and seventy dollars, payable September 17th, 1854. If said note is not paid when…
1Opinion of the CourtWeight, C. J.
We do not think this decree can be sustained. The parties have by their agreement, made time of the essence of the contract. This it was entirely competent for them to do, and we have no right or power to make a different one for them. That time is of the essence, is not left to implication; but it is made so, by express stipulation. Under such a contract, parties must be held to strict compliance in time, to the same extent as they, are to any other essential part of the agreement. Young v. Daniels, 2 Iowa, 156; Taylor v. Longworth, 14 Pet. 112. As if conscious of this rule, plaintiff places…
2Cases cited2 opinions
- Peters v. Warren InsuranceSupreme Court of the United States · 1840
- Williams v. HouselSupreme Court of Iowa · 1855
3Cited by4 opinions
- Primm v. WiseSupreme Court of Iowa · 1905
- Missouri River, Fort Scott & Gulp Railroad v. BrickleySupreme Court of Arkansas · 1878
- Grant v. MunchSupreme Court of Minnesota · 1893
- State ex rel. Attorney General v. TilghmanSupreme Court of Iowa · 1858