University of Des Moines v. Polk County Homestead & Trust Co.
Supreme Court of Iowa
Appeal from PolTc District Court. — Hon. Charles A. Bishop, Judge. Action in equity to compel the specific performance of a contract fot the conveyance of certain real estate. Decree for the plaintiff. The defendant appeals. — The plaintiff seeks, as it terms it, the specific performance of a contract. It is clear from all the authorities that the right to such a remedy rests alone in the sound discretion of the chancellor.
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Appeal from PolTc District Court. — Hon. Charles A. Bishop, Judge. Action in equity to compel the specific performance of a contract fot the conveyance of certain real estate. Decree for the plaintiff. The defendant appeals. — The plaintiff seeks, as it terms it, the specific performance of a contract. It is clear from all the authorities that the right to such a remedy rests alone in the sound discretion of the chancellor. Palo Alto County v. Parren, 68 Iowa, 90. It is not necessary to say in a contract that time is of the essence, for, if it should be so stated, and the court could plainly…
1Opinion of the CourtKiNNE, J.
It appears that prior to the year 1870 a college was established in the city of Des Moines, on Pleasant street, and known as the ‘‘University of Des Moines,” the appellee in this case. The original campus consisted of about five acres, upon which there *42was situated a brick building which was used by the appellee for college purposes. In 1884 said campus consisted of about two and one-half acres of land and three lots in the vicinity of said land. The university was not in a flourishing condition. It had very few students, and its property was considerably incumbered, In 1884 the appellant…
2Cases cited9 opinions
- Welch v. WhelpleyMichigan Supreme Court · 1886
- Pugh v. GoodSupreme Court of Pennsylvania · 1841
- Grimes v. Hamilton CountySupreme Court of Iowa · 1873
- Minneapolis & St. Louis Railway Co. v. CoxSupreme Court of Iowa · 1888
- Palo Alto County v. HarrisonSupreme Court of Iowa · 1885
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3Cited by6 opinions
- Webb v. HancherSupreme Court of Iowa · 1905
- Zundelowitz v. WebsterSupreme Court of Iowa · 1896
- Clayburg v. WhittSupreme Court of Iowa · 1969
- Rollyson v. BournWest Virginia Supreme Court · 1919
- Ham v. JohnsonSupreme Court of Minnesota · 1892
1 more not listed; retrieve them via the Exa API.