Brown v. Verzani
Supreme Court of Iowa
Appeal from Woodbury District Court— John W. Anderson, Judge. Action to specifically enforce a contract entered into between the plaintiff and tiie defendant, ivhich contract was executed and delivered in South Dakota, October 29, 1912, covering an exchange of lands in South Dakota, and to recover damages claimed to have been sustained by reason of a breach of the contract by appellant, in case specific performance of the contract could not be had.
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Appeal from Woodbury District Court— John W. Anderson, Judge. Action to specifically enforce a contract entered into between the plaintiff and tiie defendant, ivhich contract was executed and delivered in South Dakota, October 29, 1912, covering an exchange of lands in South Dakota, and to recover damages claimed to have been sustained by reason of a breach of the contract by appellant, in case specific performance of the contract could not be had. Defendant denied the validity of the contract and the right to specific performance thereof, because, as he alleged, the contract was signed and…
1Opinion of the CourtPreston, J.
damages: liquida ted pemSty^ forconstnictionses: We take it that the real question in the case on this appeal is in reference to defendant’s exception to the action of the trial court denying his right to recover from plaintiff the $1,000 which he paid plaintiff when the contract was signed and delivered. Appellant has argued the other matters set up as defenses, but we are satisfied with the findings of the trial court as to these, and the next question is as to the effect of such findings, and, as said, the real question is whether the $1,000 paid by defendant to plaintiff upon the…
2Cases cited12 opinions
- Armour Packing Co. v. United StatesCourt of Appeals for the Eighth Circuit · 1907
- Waters v. PearsonSupreme Court of Iowa · 1914
- Prichard v. MulhallSupreme Court of Iowa · 1905
- Pardoe v. JonesSupreme Court of Iowa · 1913
- Miller v. McConnellSupreme Court of Iowa · 1916
7 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- Gordon v. PfabSupreme Court of Iowa · 1976