Legal Opinion

City of Ida Grove v. Ida Grove Armory Co.

Supreme Court of Iowa

Decided April 7, 1910PublishedCited by 6 opinions

Appeal from Ida District Court. — Hon. Z. A. Church, Judge. Action to recover, the cost or value of a party wall. Defendant- pleaded that it had the right to use the wall under a contract with the city, whereby it was given the privilege of so doing without expense. The case was tried to a jury, resulting in a verdict and judgment for defendant, and plaintiff appeals.

1Opinion of the CourtDeemer, C. J.

The city was at one time the owner of lot eighteen, block nine, in the corporate limits of the town, and the defendant had an option on lots nineteen and twenty, in said block. Twenty was a corner lot, and it was practically excavated so as to accommodate the basement of a building. Lot eighteen is an inside lot, and the difference in the value of the two lots was between $700 and $1,000. The city was contemplating the building of a city hall and fire station, and, desirous of having a corner lot, it entered into negotiations with the defendant, it being satisfied with an inside lot, for an…

2Cases cited5 opinions

  1. Richman v. Supervisors Muscatine CountySupreme Court of Iowa · 1889
  2. City of Clinton v. WallikerSupreme Court of Iowa · 1896
  3. Kagy v. Independent DistrictSupreme Court of Iowa · 1902
  4. Marion Water Co. v. City of MarionSupreme Court of Iowa · 1903
  5. Fair v. BussSupreme Court of Iowa · 1902

3Cited by6 opinions

  1. Burns v. City of NashvilleTennessee Supreme Court · 1919
  2. First National Bank v. City of EmmetsburgSupreme Court of Iowa · 1912
  3. Missouri Service Co. v. City of StanberrySupreme Court of Missouri · 1937
  4. Duntz v. Ames Cemetery Ass'nSupreme Court of Iowa · 1922
  5. Carlson v. City of MarshalltownSupreme Court of Iowa · 1931

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