Fitzgerald & Remick v. Britt
Supreme Court of Iowa
Appeal from Page District Oowrt. This is an action for specific performance, and is here for trial de novo. On the 22d day of June, 1872, the defendants executed and delivered to the Brownville & Nodaway Valley Railroad Company, the assignor of plaintiffs, a written contract, by which they agreed to convey to said company five acres of land situated in the north-west corner of forty acres owned by the defendants.
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Appeal from Page District Oowrt. This is an action for specific performance, and is here for trial de novo. On the 22d day of June, 1872, the defendants executed and delivered to the Brownville & Nodaway Valley Railroad Company, the assignor of plaintiffs, a written contract, by which they agreed to convey to said company five acres of land situated in the north-west corner of forty acres owned by the defendants. The said five acre tract is in the form of a rectangle, being 710 feet in length north and south, and 306.8 in width east and west. The consideration for said land was the agreement…
1Opinion of the CourtBothrock, J.
I. The evidence falls far short of establishing the alleged fraud in procuring the contracts in question. The referee found that the contract was untainted with fraud, and in that conclusion we concur. It is not necessary to reproduce the evidence on that question in this opinion.
i. oontkact: compliance: formancef1 II. The material question is, has there been a compliance by the railroad company with its contract in locating the depot? No question is made as to the time at which the road was completed and the location made; the only question is as to whether the actual location as made is a…
2Cases cited2 opinions
- Cedar Falls & Minnesota R. R. v. RichSupreme Court of Iowa · 1871
- Jenkins v. Burlington & Missouri River R. R.Supreme Court of Iowa · 1870
3Cited by1 opinion
- Whitney v. Chicago, Anamosa & Northern Railway Co.Supreme Court of Iowa · 1907