Luse v. Deitz
Supreme Court of Iowa
Appeal from Johnson District Court. This is an action for the enforcement of a specific performance of a written contract to convey real estate to plaintiff, in consideration of the conveyance of certain real estate by plaintiff to defendant.
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Appeal from Johnson District Court. This is an action for the enforcement of a specific performance of a written contract to convey real estate to plaintiff, in consideration of the conveyance of certain real estate by plaintiff to defendant. The cause was referred to C. T. Ransom, Esq., who, amongst other facts, reported the following: “ By the terms of said contract Luse was to convey to Deitz (if the exchange was made) the property known as the Keilmeyer brewery property, and particularly described in the contract. At the time of said written agreement said W. C. Luse was not the owner of…
1Opinion of the Court
Day, Oh. J.
1. contract: formalíce1:'31" mutuality: We need not determine whether the state of the record is such that we can try this cause de novo. From a careful examination of the original and amended abstracts, we are satisfied that the facts are as found by the referee. There is one insurmountable obstacle in the way of decreeing a specific performance in this case. At the time the written agreement was made, Luse was not the owner of the brewery property which he agreed to convey to Deitz. The wife of Luse was the owner of said property by recorded title. She was not a party to the…
2Cases cited2 opinions
- Richmond v. Dubuque & Sioux City R. R.Supreme Court of Iowa · 1871
- Tyson v. WattsHigh Court of Chancery of Maryland · 1847
3Cited by24 opinions
- Ormsby v. GrahamSupreme Court of Iowa · 1904
- Shenandoah Valley R. R. v. DunlopSupreme Court of Virginia · 1889
- Ballou v. SherwoodNebraska Supreme Court · 1891
- H. W. Gossard Co. v. CrosbySupreme Court of Iowa · 1906
- Epperly v. FergusonSupreme Court of Iowa · 1902
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