Nason v. Woodward
Supreme Court of Iowa
Appeal from Scott District Court. On the 19th of April, 1856, defendant sold the plaintiff a certain tract of land, giving his bond for a conveyance, to be made upon the conditions therein contained. In part payment for the land, plaintiff conveyed to the defendant certain lots in the city of Davenport, and for the balance of the purchase-money executed his notes due in two and three years. Plaintiff paid interest on these notes to the amount of thirty-eight dollars.
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Appeal from Scott District Court. On the 19th of April, 1856, defendant sold the plaintiff a certain tract of land, giving his bond for a conveyance, to be made upon the conditions therein contained. In part payment for the land, plaintiff conveyed to the defendant certain lots in the city of Davenport, and for the balance of the purchase-money executed his notes due in two and three years. Plaintiff paid interest on these notes to the amount of thirty-eight dollars. In 1859, according to plaintiff’s claim, this contract was rescinded, plaintiff delivering the bond and defendant surrendering…
1Opinion of the Court
Wright, O. J. —
Plaintiff claims that the contract for the purchase of the land was abandoned and rescinded by the assent of the parties; and that he is entitled to recover whatever he had paid thereon, including the value of the city lots. Defendant, on the other hand, insists that the contract of sale was not rescinded in toto, but that the parties agreed that defendant should surrender the notes, and *218plaintiff the bond, and that defendant was to be released from any obligation to convey the land, and that this agreement was fully executed.
The errors assigned relate principally to the action…
2Cases cited5 opinions
- Conner v. HendersonMassachusetts Supreme Judicial Court · 1818
- Gillet v. MaynardNew York Supreme Court · 1809
- Moffitt v. CresslerSupreme Court of Iowa · 1859
- Howard v. Wilmington & Susquehanna Rail RoadCourt of Appeals of Maryland · 1843
- White v. WoodSupreme Court of Alabama · 1849
3Cited by6 opinions
- Kilpatrick v. SmithSupreme Court of Iowa · 1945
- Downey v. RiggsSupreme Court of Iowa · 1897
- Mortensen v. Frederickson Bros.Supreme Court of Iowa · 1921
- State v. ParishSupreme Court of Iowa · 1867
- Houchin v. Braham Investment Co.Supreme Court of Minnesota · 1938
1 more not listed; retrieve them via the Exa API.