Miller v. McConnell
Supreme Court of Iowa
Appeal from Washington District Court. — John F. Talbott, Judge. Action to recover liquidated damages based upon a failure of defendant to perform a contract at the time stipulated. Counterclaim to recover money paid upon the purchase price of the land, based on the ground of mutual rescission of the contract of sale. Judgment for the defendant in the court below. Plaintiff appeals.
1Opinion of the CourtGaynor, C. J.
1‘ TORcmvsBR f re-abandonment: effect: liquidated damages and status quo. On the 21st day of March, 1913, plaintiff and defendant entered into a written contract, by the terms of , , which plaintiff agreed to sell to the defendant certain real estate, consisting of about 240 acres of land situated in Washington County, Iowa, for the sum of $37,2C9; $1,000 to he paid at the time of the execution of the contract, and $16,000 on the 1st day of March, 1914; the balance to be paid by assuming a certain mortgage then on the land, and by executing to the plaintiff a note and1 second mortgage. In…
2Cited by12 opinions
- Kilpatrick v. SmithSupreme Court of Iowa · 1945
- McLain v. SmithSupreme Court of Iowa · 1925
- Lane v. Crescent Beach Lodge & Resort, Inc.Supreme Court of Iowa · 1972
- Braig v. FryeSupreme Court of Iowa · 1924
- First National Bank of Shenandoah v. LeBarronSupreme Court of Iowa · 1926
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