O'Brien v. Paulsen
Supreme Court of Iowa
Appeal from Crawford District Court. — E. G-. Albert, Judge. ACTION for damages for a loss by fire through, lightning to buildings located on a farm which the defendant by written contract prior to the fire sold to the plaintiff and which farm was conveyed by deed to plaintiff subsequently to the fire. By agreement of parties the jury was waived and the cause tried to the court. Judgment was entered in favor of the defendant. Plaintiff appeals.
1Opinion of the CourtDe Graff, J.
On the 29th day of August 1916 the defendant entered into a written contract with the plaintiff for the sale of a certain parcel of real estate “together with all the appurtenances thereto belonging” situated in' Crawford County, Iowa. The contract recites:
“Witnesseth, that the party of the first part has this day sold to the party of the second part, the following described property, to wit: * * * For which party of the second part agrees to pay the sum of $29,887.50 payable as follows: Cash in hand, five hundred dollars, receipt whereof is hereby acknowledged. Balance as follows: $2,500 on…
2Cases cited18 opinions
- Wells v. CalnanMassachusetts Supreme Judicial Court · 1871
- Brewer v. HerbertCourt of Appeals of Maryland · 1869
- Peoples Street Ry. Co. v. SpencerSupreme Court of Pennsylvania · 1893
- Sewell v. . UnderhillNew York Court of Appeals · 1910
- Phinizy v. GuernseySupreme Court of Georgia · 1900
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3Cited by12 opinions
- Rector v. AlcornSupreme Court of Iowa · 1976
- Brady v. WelshSupreme Court of Iowa · 1925
- Larson v. MetcalfSupreme Court of Iowa · 1926
- Pierce v. Farm Bureau Mutual Insurance Co.Supreme Court of Iowa · 1996
- Duntz v. Ames Cemetery Ass'nSupreme Court of Iowa · 1922
7 more not listed; retrieve them via the Exa API.