Leach v. Keach
Supreme Court of Iowa
Appeal from the Jefferson District Court. Bill for specific performance. The complainant alleges that, on the 25th of September, 1848, he purchased of respondent lot number two, in block number eight, in Keech’s plat of the town of Libertyville, for the sum of twelve dollars, and gave his four promissory notes, of three dollars each, payable in three, six, nine, and twelve months, and respondent delivered his obligation for a deed, with a condition that if said Leach should…
Read the full summary
Appeal from the Jefferson District Court. Bill for specific performance. The complainant alleges that, on the 25th of September, 1848, he purchased of respondent lot number two, in block number eight, in Keech’s plat of the town of Libertyville, for the sum of twelve dollars, and gave his four promissory notes, of three dollars each, payable in three, six, nine, and twelve months, and respondent delivered his obligation for a deed, with a condition that if said Leach should pay the notes as they fell due, and said Keech should make a deed in fee, the same should be void. He avers that he paid…
1Opinion of the CourtWoodward, J.
The question relating to the reply, and the affidavit to it, determines the case, and therefore it is the principal one to which we will give attention.
The defendant’s answer admits the contract, but pleads, among other things, that plaintiff, some years before, went to California, and, before leaving, wished defendant to rescind the contract, and deliver up the notes, offering to deliver up the obligation. He avers that it was fully and finally agreed between them, and they bound themselves, respectively, to deliver up the said papers, and annul the agreement; that the reason why this…
2Cited by6 opinions
- State v. TomlinsonSupreme Court of Iowa · 1860
- Partello v. WhiteSupreme Court of Iowa · 1924
- Brown v. JennettSupreme Court of Iowa · 1906
- Caffrey v. GroomeSupreme Court of Iowa · 1860
- Jewett Lumber Co. v. Martin Conroy Co.Supreme Court of Iowa · 1915
1 more not listed; retrieve them via the Exa API.