Ward v. Foley
Court of Appeals for the Eighth Circuit
Appeal from Circuit Court of the United States for the District-of South Dakota. On the 28th day of January, 1898, James Foley, a citizen of the state off Iowa, and Edward Gaule, a citizen of the state of Nebraska, were the equal, joint owners of two quarter sections of land in the county of Yankton, state-of South Dakota.
Read the full summary
Appeal from Circuit Court of the United States for the District-of South Dakota. On the 28th day of January, 1898, James Foley, a citizen of the state off Iowa, and Edward Gaule, a citizen of the state of Nebraska, were the equal, joint owners of two quarter sections of land in the county of Yankton, state-of South Dakota. Upon that date they made and entered into the following contract, with reference to the sale by Gaule to Foley of his interest in the-land, as follows: “Stuart, Iowa, Jan’y 28th, 1898. “I, Edward Gaule, of Georgetown, Monroe Co., Ia., hereby agree to sell and' convey to…
1Opinion of the CourtPollock, District Judge
From the above statement it is seen the sole point of controversy between the parties, submitted for decision, is the ajnount of money which is required by the terms of the contract to be paid by Foley as a condition precedent to the enforcement of the conveyance stipulated for in the contract. In other words, the question for decision is, what did the parties mean by the language used? To what did they intend to bind themselves by the terms employed in the contract made between them? To ascertain the true intent of the parties to a contract is the fundamental rule in the construction of all…
2Cases cited4 opinions
- Van Renesselaer v. KearneySupreme Court of the United States · 1851
- Canal Co. v. HillSupreme Court of the United States · 1872
- Mauran v. BullusSupreme Court of the United States · 1842
- Henderson v. BeattySupreme Court of Iowa · 1904
3Cited by2 opinions
- California Land Security Co. v. RitchieCalifornia Court of Appeal · 1919
- Rutland Savings Bank v. SteeleSupreme Court of Kansas · 1942