Graham v. Rooney
Supreme Court of Iowa
Appeal from Dubuque Circuit Court. On the 29th day of September, 1869, John Oussick and Owen Rooney entered into a written contract by which Oussick agreed to sell to Rooney a tract of land, the contract being conditioned, in the event of the failure by Rooney t.o comply with it, that he was to pay a penalty of five hundred dollars.
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Appeal from Dubuque Circuit Court. On the 29th day of September, 1869, John Oussick and Owen Rooney entered into a written contract by which Oussick agreed to sell to Rooney a tract of land, the contract being conditioned, in the event of the failure by Rooney t.o comply with it, that he was to pay a penalty of five hundred dollars. Rooney failed to comply with the contract, and bn the 14th day of April, 1870, Cussick commenced an action, by the service of the original notice, for the recovery of the penalty. The petition was filed June 16, 1870, and judgment was obtained November 9, 1871.…
1Opinion of the CourtDay, J.
On the 21st of February, 1870, Owen Eooney deeded to each of his sons, Janies and Owen, Jr., eighty acres of land, for the expressed consideration of $500 in each deed. The land conveyed was all that Owen Eooney, Sr., owned. An agreed statement of facts submitted by the parties states that Owen Eooney, Sr., was to perform his contract of purchase on the 21st of April, 1870, but this is evidently a mistake in the abstract, for suit was commenced against him on the 14th of April, 1870, for his default. It is probable that the contract was to be j)erforined on the 1st of April; it is certain…
2Cases cited2 opinions
- Richmond v. Dubuque & Sioux City R. R.Supreme Court of Iowa · 1871
- Macomber v. PeckSupreme Court of Iowa · 1874
3Cited by9 opinions
- Mallow v. WalkerSupreme Court of Iowa · 1901
- Strong v. LawrenceSupreme Court of Iowa · 1882
- State v. SmithSupreme Court of Iowa · 1897
- Farmers & Merchants Bank v. DaikerSupreme Court of Iowa · 1914
- Cathcart v. GrieveSupreme Court of Iowa · 1898
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