Kempsy v. Metcalf
Supreme Court of Iowa
Appeal from Jones District Court. The plaintiff alleges in his petition, in substance, that in the year of 1879, the plaintiff toot possession, under a contract of purchase, of a certain store building in Anamosa, which was out of repair and unfit for use, and that, subsequent to the contract of purchase, it was verbally agreed between plaintiff and defendant, that in case plaintiff was not able to pay for said building, defendant would pay plaintiff for all improvements…
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Appeal from Jones District Court. The plaintiff alleges in his petition, in substance, that in the year of 1879, the plaintiff toot possession, under a contract of purchase, of a certain store building in Anamosa, which was out of repair and unfit for use, and that, subsequent to the contract of purchase, it was verbally agreed between plaintiff and defendant, that in case plaintiff was not able to pay for said building, defendant would pay plaintiff for all improvements made thereto; that plaintiff’ paid in improvements upon said building, over and above the sum paid for rent, the sum of…
1Opinion of the Court
Day, Ch. J.
— I. The plaintiff introduced evidence tending to show the making of a verbal contract with the defendant, as alleged- in the petition, on the third day of February, -1879. The plaintiff also introduced.-evidence tending- to • establish the expenditure of the amount alleged in the petition, in repairs- upon the building, and testified that the whole sum was expended between the, third day of February, ■1879, and the first day of January,- 1880. The defendant introduced in evidence a written contract executed by the ■plaintiff and defendant, dated January 1, 1880, for the rent of…
2Cited by2 opinions
- Milton v. BurtonSupreme Court of Florida · 1920
- Wells v. Hocking Valley Coal Co.Supreme Court of Iowa · 1908