McDonald v. Benge
Supreme Court of Iowa
Appeal from Madison District Court.— Hon. Edmund Nichols, Judge. Suit in equity asking the specific performance of a land contract. Judgment for tke defendant, from which the plaintiff appeals. The costs were apportioned, and, from that part of the judgment, the defendant appeals. The plaintiff will be designated as appellant.
1Opinion of the CourtSherwtn, J.
Early in August, 1907, the parties hereto entered into a contract, whereby McDonald traded to Benge one hundred and sixty acres of Nebraska land for three acres of land in Winterset, Iowa. Benge failed and refused to perform the contract on his part, and this action was brought to enforce specific performance of the contract. Benge admitted the execution of the contract and his fail*592ure and refusal to comply therewith, aid pleaded fraud on the part of McDonald.
i. Exchange o» rescission! mistake. The trial court found that no fraud had been practiced by the plaintiff, but did find that there…
2Cases cited2 opinions
- Hood v. SmithSupreme Court of Iowa · 1890
- Judd & Co. v. Day Bros.Supreme Court of Iowa · 1878
3Cited by3 opinions
- Hinson v. JeffersonSupreme Court of North Carolina · 1975
- Bredensteiner v. OviattSupreme Court of Iowa · 1926
- Wakefield v. ColemanSupreme Court of Iowa · 1913