Kirkwood v. Perry Town Lot & Improvement Co.
Supreme Court of Iowa
Appeal from Perry Superior Court. — W. W. Cardell, Judge. Action by plaintiff to recover damages for breach of a warranty in a contract for sale of a lot. The issues, or some of them, are similar to those against this defendant decided at the present sitting.
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Appeal from Perry Superior Court. — W. W. Cardell, Judge. Action by plaintiff to recover damages for breach of a warranty in a contract for sale of a lot. The issues, or some of them, are similar to those against this defendant decided at the present sitting. Plaintiff alleged that she had paid the full purchase price of said lot, $450, and that the street car line warranted in the contract had never been constructed, and that, by reason thereof, she was damaged in the sum of $300. The ease was tried to a jury, and a verdict returned for plaintiff in the sum of $223., and judgment was…
1Opinion of the CourtPreston, J.
*272i scission1?yrmr! anoeeof:aeed?t_ effeot *2711. The second count of defendant’s answer alleged that the contract of sale was surrendered by the *272payment of the full amount due thereon and the acceptance of a deed thereunder." The court sustained plaintiff’s demurrer to this count of the answer. The plaintiff alleged in her petition that, prior to the time plaintiff learned that the guaranty in the contract regarding the street railway would not be carried out, she, relying upon said guaranty, paid to defendant company the full amount called for in said contract and obtained a deed for the lot. The…
2Cases cited1 opinion
- McCormick v. MerrittSupreme Court of Iowa · 1905
3Cited by2 opinions
- Gray v. Van GordonSupreme Court of Iowa · 1919
- Swensen v. Union Central Life InsuranceSupreme Court of Iowa · 1938