Gray v. Graham
Supreme Court of Iowa
Appeal from, Clinton Circuit Court. Action upon contract for a balance due upon the sale of a lot, at an alleged price of $400, $120 of which price was paid at the time of contract. The plaintiff averred a tender of a deed.
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Appeal from, Clinton Circuit Court. Action upon contract for a balance due upon the sale of a lot, at an alleged price of $400, $120 of which price was paid at the time of contract. The plaintiff averred a tender of a deed. The defendant, by answer, admitted the contract 'of sale, but alleged that-the contract price was $200; that he paid down $120, as alleged by plaintiff, and averred that, on the 7th day. of September, 1870, he tendered plaintiff $112.03, the balance due, in full payment, and that he had always been ready and still is ready to pay said sum ; the defendant, in one of his…
1Opinion of the CourtCole, J.
The defendant filed an answer at the September term, 1870, in which he expressly admitted the tender'of the deed for the lot in controversy, as averred *426by tbe plaintiff. In tbis answer tbe defendant also averred tbe tender of tbe balance be admitted to be due, and that' “ be now brings tbe same into court to be paid to plaintiff if she will accept tbe same.” At tbe same time tbe defendant filed an answer and cross-petition (no question arises upon tbe latter), in which be denied each and every allegation of plaintiff’s petition, and averred tbe tender as before, and that be “now brings tbe…
2Cases cited1 opinion
- Phelps v. KathronSupreme Court of Iowa · 1870
3Cited by3 opinions
- Wolmerstadt v. JacobsSupreme Court of Iowa · 1883
- Taylor v. Chicago, St. Paul & Kansas City Railway Co.Supreme Court of Iowa · 1888
- Rainwater v. HummellSupreme Court of Iowa · 1890