Knight v. Cooley
Supreme Court of Iowa
Appeal from Delaware Disiriot Oourt. Action at law to recover damages for the breach of an. alleged contract for the sale and conveyance of certain real estate. The contract, as claimed by plaintiff, was made by correspondence between the parties, the plaintiff being in Dubuque, and the defendant in Washington city.
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Appeal from Delaware Disiriot Oourt. Action at law to recover damages for the breach of an. alleged contract for the sale and conveyance of certain real estate. The contract, as claimed by plaintiff, was made by correspondence between the parties, the plaintiff being in Dubuque, and the defendant in Washington city. The negotiation was commenced by plaintiff writing to defendant in May, 1866; the precise terms of this letter do not appear in the evidence, at least the parties do not agree as to its contents. The letter itself, having been lost, was not in proof. The defendant, in his…
1Opinion of the Court
Beck, Ch. J.
I. The instruction given by the court to the jury, to the effect that the correspondence, taking either the statement of plaintiff or defendant as to the contents of plaintiff’s first letter, constituted a contract, is *221erroneous. Defendant’s evidence is to the effect that the letter simply inquired if he was the owner of the property, and the price thereof. It made no proposition to purchase, named no purchaser, and, in fact, contained nothing which could have been so understood. The answer to this letter simply states a price which defendant regards as “ cheap,” and the fact that…
2Cited by10 opinions
- Popejoy v. EastburnSupreme Court of Iowa · 1950
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- Jones v. JanesSupreme Court of Louisiana · 1924
- Joseph Heiting and Sons v. Jacks Bean Co.Nebraska Supreme Court · 1990
- Ellsworth v. RandallSupreme Court of Iowa · 1889
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