Lee v. Mahoney
Supreme Court of Iowa
Appeal from Jackson District Court. Tbe plaintiff alleges that he sold certain lands at auction, upon certain terms and conditions, to be observed by the buyer; and that the defendant became the purchaser of certain lots, seven in number, and afterwards refused to complete the purchase by paying the amount bid, or by performing the conditions of the sale; and that at a subsequent day the lots were sold again, producing a much less sum; wherefore the plaintiff claims to…
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Appeal from Jackson District Court. Tbe plaintiff alleges that he sold certain lands at auction, upon certain terms and conditions, to be observed by the buyer; and that the defendant became the purchaser of certain lots, seven in number, and afterwards refused to complete the purchase by paying the amount bid, or by performing the conditions of the sale; and that at a subsequent day the lots were sold again, producing a much less sum; wherefore the plaintiff claims to recover nine hundred dollars as the difference in the sales and as the expenses of a re-sale. The plaintiff offered certain…
1Opinion of the CourtWoodward, J.
The plaintiff introduced in evidence, an advertisement of- a sale, on a certain day, of forty acres of timber land (the description being given), to be sold in lots of about five acres each. This was signed by the plaintiff. He also introduced a plat of the land, with the subdivisions or lots designated and numbered, which plat he averred to be present at the sale, and to be exhibited by the auctioneer, and upon which one Graham, the clerk of the sale, entered in pencil, opposite each lot, the name of the purchaser, the surety, the bidder’s name, and the price per acre. The notice of sale…
2Cases cited1 opinion
- Roget v. MerritNew York Supreme Court · 1804
3Cited by9 opinions
- Beckwith v. TalbotSupreme Court of Colorado · 1875
- State ex rel. Bisbee v. Board of County CanvassersSupreme Court of Florida · 1878
- Morris Furniture Co. v. BravermanSupreme Court of Iowa · 1930
- American Oak Leather Co. v. Porter Bros.Supreme Court of Iowa · 1895
- Swortzell v. MartinSupreme Court of Iowa · 1864
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