Holt v. Doty
Supreme Court of Iowa
Appeal from Page District Court. — J. B. Rockaeellow, Judge. Action to recover liquidated damages based upon an alleged breach of a real estate contract. The trial court sustained demurrers to plaintiff’s petition and entered judgment for costs Plaintiffs appeal. —
1Opinion of the CourtDe Graff, J.
— Plaintiffs by petition allege that an agreement to sell certain described real estate was executed November 30, 1918 between them as purchasers, and James J. Doty, as vendor. The deal was not consummated and by reason of the refusal of the defendants to perform; as alleged, plaintiffs seek to recover liquidated damages in the sum of $10,000 as stipulated in the contract. -
The defendant James J. Doty put the petition in question by a demurrer in which he stated the following grounds:
*584“1. The contract upon which plaintiffs rely for recovery provides that said defendant is to perform different…
2Cases cited20 opinions
- Shriner v. CraftSupreme Court of Alabama · 1910
- Foley v. McKeeganSupreme Court of Iowa · 1856
- Wine v. JonesSupreme Court of Iowa · 1917
- Lancaster v. RobertsIllinois Supreme Court · 1893
- Carter v. StromSupreme Court of Minnesota · 1889
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3Cited by11 opinions
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- Durband v. NeySupreme Court of Iowa · 1923
- W. T. Rawleigh Medical Co. v. BaneSupreme Court of Iowa · 1934
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