Butler v. Threlkeld
Supreme Court of Iowa
Appeal from Warren District Court. — Hon. A. W. Wilkinson, Judge. About December 1, 1899, the plaintiff bought the 153-J-acres of land in controversy, and on the seventeenth day of that month entered into a written contract with the defendant, leasing to him said land from January 1, 1890, for five years, at the yearly rental of $241.25, “payments as follows: to pay the interest simultaneously on two certain mortgages, one for $250, one for $1,000, as same matures, the…
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Appeal from Warren District Court. — Hon. A. W. Wilkinson, Judge. About December 1, 1899, the plaintiff bought the 153-J-acres of land in controversy, and on the seventeenth day of that month entered into a written contract with the defendant, leasing to him said land from January 1, 1890, for five years, at the yearly rental of $241.25, “payments as follows: to pay the interest simultaneously on two certain mortgages, one for $250, one for $1,000, as same matures, the balance on January 1st, of each year up to 1895,” and S. A. Threlkeld, in addition to the above annual rent, agrees to pay…
1Opinion of the Court
Ladd, O. J. —
1 The lease as written did not contain an option by which defendant was accorded the right to purchase the land within the term fixed. It is contended by the defendant, however, that a stipulation to that effect was omitted by mutual mistake, and that the lease should be so reformed as to include it. The only obstacle in the way seems to be the statute of frauds, under which oral evidence is not competent to establish contracts “for the creation, or transfer of any interest in lands, except leases for a term not exceeding one year.” Section 4625, Code. It will be observed that no…
2Cases cited22 opinions
- Glass v. HulbertMassachusetts Supreme Judicial Court · 1869
- Gillespie v. MoonNew York Court of Chancery · 1817
- Bradford v. President of the Union Bank of TennesseeSupreme Court of the United States · 1852
- Osborn v. PhelpsSupreme Court of Connecticut · 1848
- Hunter v. BilyeuIllinois Supreme Court · 1863
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3Cited by8 opinions
- Lyon v. WillieSupreme Court of Iowa · 1980
- Halligan v. FreySupreme Court of Iowa · 1913
- Wolf v. LodgeSupreme Court of Iowa · 1913
- Coleman v. ColemanSupreme Court of Iowa · 1911
- Larson v. SmithSupreme Court of Iowa · 1916
3 more not listed; retrieve them via the Exa API.