Legal Opinion

Starr & Rand v. Board of Supervisors

Supreme Court of Iowa

Decided July 3, 1867PublishedCited by 5 opinions

Appeal from Des Moines District Court. This is a suit in equity by Starr-& Eand, and other citizens and tax payers of Des Moines county, to enjoin the board of supervisors of said county from executing an alleged contract for the purchase of property known as “Mozart Hall,” for a court-house for said county; and also to compel the specific performance of an alleged contract for the purchase of property known as “Marion Hall,” for the same purpose.

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Appeal from Des Moines District Court. This is a suit in equity by Starr-& Eand, and other citizens and tax payers of Des Moines county, to enjoin the board of supervisors of said county from executing an alleged contract for the purchase of property known as “Mozart Hall,” for a court-house for said county; and also to compel the specific performance of an alleged contract for the purchase of property known as “Marion Hall,” for the same purpose. There was a demurrer to the petition by defendants, which was sustained by the District Court. The facts averred in the petition can be best stated…

1Opinion of the CourtCole, J.

*4931 Contract: offer to sell: what amounts to acceptance by supervisors. *492I. As one ground for an injunction, the plaintiffs allege that the board of supervisors of Des Moines *493county, in June, 1863, leased of Henry W. Starr and E. D. Rand, who were the owners thereof, the property known as “ Marion Hall,” in the city of Burlington, in said county, for a court-house and offices, for the term of five years from the 24th day of October, 1863, at an annual rent of twelve hundred dollars. In the lease was this agreement : “ And it is also further agreed between the parties hereto, that the county shall…

2Cases cited2 opinions

  1. State ex rel. Brooks v. NapierSupreme Court of Iowa · 1858
  2. Yant v. BrooksSupreme Court of Iowa · 1865

3Cited by5 opinions

  1. Keokuk Waterworks Co. v. KeokukSupreme Court of Iowa · 1938
  2. Rock v. RinehartSupreme Court of Iowa · 1893
  3. Miller v. MerriamSupreme Court of Iowa · 1895
  4. Johnson v. Incorporated Town of RemsenSupreme Court of Iowa · 1933
  5. Carpenter v. Buena Vista CountyU.S. Circuit Court for the District of Iowa · 1878

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