Smith v. Phelps
Supreme Court of Iowa
Appeal from Iowa District Court. Action in chancery. The cause was sent to a referee, and, upon his report, on the issues of law and fact, a decree for plaintiff was rendered. The facts of the case sufficiently appear in the opinion. Defendant appeals.
1Opinion of the CourtBeck, J.
The petition alleges that plaintiff and defendant entered into a verbal agreement for the purchase, from another, of certain lands, each of the parties to pay-equal portions of the purchase-money, and the conveyance of the property to be made by the party of whom they were about to make the purchase to defendant, he to convey the undivided one-half of the lands to plaintiff. In pursuance of this agreement defendant obtained a deed for the land,and executed to plaintiff, and actually delivered to him, a deed for his portion, but plaintiff afterward permitted defendant to take and retain…
2Cases cited4 opinions
- Cooper v. SkeelSupreme Court of Iowa · 1863
- Graves & Co. v. AldenSupreme Court of Iowa · 1862
- Lyons v. ThompsonSupreme Court of Iowa · 1864
- Wilson v. HolcombSupreme Court of Iowa · 1862
3Cited by3 opinions
- Hagedorn v. HagedornSupreme Court of Iowa · 1922
- Olsen v. Peregoy & Moore Co.Supreme Court of Iowa · 1917
- Powell v. CramptonSupreme Court of Iowa · 1897