White v. Harvey
Supreme Court of Iowa
Appeal from Greene District Court. — M. E. Hutchison, Judge. Action at law to recover damages for breach of a contract to sell and convey certain lands. Defendant filed a general denial, and also pleaded a prior judgment as a bar to the proceeding.
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Appeal from Greene District Court. — M. E. Hutchison, Judge. Action at law to recover damages for breach of a contract to sell and convey certain lands. Defendant filed a general denial, and also pleaded a prior judgment as a bar to the proceeding. Plaintiff demurred to that part of the answer pleading the judgment and decree in defense to this action; but the demurrer was overruled, and plaintiff electing to stand thereon, judgment was entered dismissing his petition, and he appeals.
1Opinion of the CourtDeemer, J.
I. On August 15th, 1913, the parties hereto entered into a written contract whereby the defendant undertook to sell and convey to plaintiff a certain tract of land in Greene County, Iowa, for the agreed consideration of $16,567.20. The contract was to have been performed on March 1, 1914. Defendant agreed to furnish an abstract showing perfect title and to convey the land by warranty deed. When the time came for the delivery of the deed, it was discovered that defendant did not have perfect title, and plaintiff refused to accept such as he (defendant) had. In July of the year 1914, defendant…
2Cases cited18 opinions
- Fagan v. HookSupreme Court of Iowa · 1905
- Mohler v. Estate of ShankSupreme Court of Iowa · 1895
- Strong v. . StrongNew York Court of Appeals · 1886
- Foley v. McKeeganSupreme Court of Iowa · 1856
- Bowen v. . MandevilleNew York Court of Appeals · 1884
13 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- Merrifield v. BucknerNew Mexico Supreme Court · 1937
- Tischer v. City of Council BluffsSupreme Court of Iowa · 1942
- Bredensteiner v. OviattSupreme Court of Iowa · 1926
- Thomas v. PalmerNevada Supreme Court · 1926
- Sietsema v. AndersonSupreme Court of Iowa · 1920
6 more not listed; retrieve them via the Exa API.