Bundy v. Dare
Supreme Court of Iowa
Appeal from Taylor District Court. ActioN to recover damages caused by tbe failure of tbe defendant to convey certain real estate to the plaintiff, which tbe latter claims the defendant agreed to convey to him. Tbe cause was referred, and tbe referee found for tbe defendant, and bis report was confirmed bj tlie court, and plaintiff appeals.
1Opinion of the CourtSeevers, J.
This is an action at law, and tbe only question to be determined is, whether the referee erred in finding that the terms upon which the plaintiff agreed to sell the land had been accepted and complied with by the defendant.
The plaintiff wrote the defendant, proposing to purchase the land. The defendant, in reply, proposed to sell for $1,400 • — the purchaser to assume a mortgage for $1,000 — and then proceeded to say: “Send me three hundred dollars, and pay the interest which is due April 1st, 1881.”
The plaintiff accepted this offer, but he did not send or pay the $300, or pay the interest.…
2Cited by5 opinions
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