Collins v. Vandever
Supreme Court of Iowa
Appeal.from ■the Dubuque District Court. This suit was brought by Collins, against George Kelley, as administrator of Francis Kelley, to compel tbe specific performance of a contract for tbe sale of certain real estate, made by F. Kelley in bis lifetime.
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Appeal.from ■the Dubuque District Court. This suit was brought by Collins, against George Kelley, as administrator of Francis Kelley, to compel tbe specific performance of a contract for tbe sale of certain real estate, made by F. Kelley in bis lifetime. Tbe petition states, that tbo deceased, being tbe owner of a tract of land adjoining the town of Dubuque, which he intended to lay out into lots, when he should have paid off some, incumbrances which were upon it, some years ago entered into a verbal agreement with Collins, the petitioner, that Collins, might build a bouse upon a certain part…
1Opinion of the CourtWoodward, J.
This is a petition for specific performance. The cause would fall within the principles of the statute of frauds, were there not a plentitude of evidence showing a part performance, which relieves it from this difficulty. Collins built a house and made other improvements on the land, of which Kelley was fully aware, as he lived in the same house. A small payment was also made to Kelley in his lifetime, and a very considerable one to his administrator. In truth, the contract is not denied, in substance. The only material point on which the administrator dissents from the case made in the bill,…
2Cited by11 opinions
- Daily ex rel. Daily v. MinnickSupreme Court of Iowa · 1902
- Mason v. PayneSupreme Court of Missouri · 1871
- McWhirter v. CrawfordSupreme Court of Iowa · 1897
- Laverty v. Hall's AdministratrixSupreme Court of Iowa · 1865
- Lanfier Ex Rel. Lanfier v. LanfierSupreme Court of Iowa · 1939
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