Devin v. Himer
Supreme Court of Iowa
Appeal from Pollc District Oourt. Thursday, July 28. Action to recover the value of a tract of land plaintiff claimed to have traded for by parol, with defendant, and which defendant refused to convey, although plaintiff claimed he had conveyed to defendant the real estate he was to give in exchange therefor. There was a trial to a jury, and a verdict and judgment for plaintiff. The defendant appeals. The further facts are stated in the opinion.
1Opinion of the Court
Cole, Ch. J.
i. statute oe vendor ana V6HQ66; evidence. The basis of the plaintiff’s claim was that he and defendant had made a contract of exchange of real estate; that he had conveyed to defendant that which he was to give, and O» defendant had refused to convey his, according to contract; and plaintiff brought this suit to recover its value. The defendant admitted that they had negotiated about a trade, but denied that it was ever fully agreed upon, or that plaintiff had conveyed any real estate to him.
After the plaintiff had introduced testimony tending to prove the execution and delivery…
2Cases cited1 opinion
- Dorr v. StockdaleSupreme Court of Iowa · 1865
3Cited by23 opinions
- Recker v. GustafsonSupreme Court of Iowa · 1979
- Daily ex rel. Daily v. MinnickSupreme Court of Iowa · 1902
- Fisher v. KoontzSupreme Court of Iowa · 1899
- Creveling v. BantaSupreme Court of Iowa · 1908
- Harlan v. HarlanSupreme Court of Iowa · 1897
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