Harris v. Clark
Supreme Court of Iowa
Appeal from Polk District Court.&emdash;Hon. Stephen F. Balliet, Judge. Plaintiff states his cause of action as follows: “That the defendant is indebted to the plaintiff in the .sum of one thousand six hundred dollars, held by him in trust for plaintiff, that being the amount realized from the sale of the real estate herein described, which amount defendant, at various times after the receipt of the same as trustee, agreéd to pay plaintiff.
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Appeal from Polk District Court.&emdash;Hon. Stephen F. Balliet, Judge. Plaintiff states his cause of action as follows: “That the defendant is indebted to the plaintiff in the .sum of one thousand six hundred dollars, held by him in trust for plaintiff, that being the amount realized from the sale of the real estate herein described, which amount defendant, at various times after the receipt of the same as trustee, agreéd to pay plaintiff. That said indebtedness arose as follows: Plaintiff did on the fifteenth day of November, 1887, convey to the said Austin Clark, by warranty deed, the…
1Opinion of the CourtGiven, C. J.
Appellee sets out in 'his argument what purports to be a copy of the deed mentioned in the petition, and bases his argument largely thereon. This deed was not set out in nor ifiade a part of the petition. It forms no part of the record in this case, and cannot be considered. We must look to the petition and demurrer only. The petition shows that the plaintiff conveyed the land described to the defendant in consideration of his verbal promise to sell the same, and to pay the net proceeds arising from the sale to plaintiff; that he has sold the land; that the net proceeds, after paying all…
2Cases cited5 opinions
- Collar v. CollarMichigan Supreme Court · 1891
- Calder v. MoranMichigan Supreme Court · 1882
- McGinness v. BartonSupreme Court of Iowa · 1887
- White v. CleaverMichigan Supreme Court · 1889
- Collar v. CollarMichigan Supreme Court · 1889
3Cited by2 opinions
- Weltner v. ThurmondWyoming Supreme Court · 1908
- Allen v. ReesSupreme Court of Iowa · 1907