Bolton v. Kitsman
Supreme Court of Iowa
Appeal from Mahaska District Court. — Hon. David Ryan, Judge. Action to recover one hundred dollars, with interest, claimed to be due upon contract for the sale of real estate. Answer admitting the contracts set out, alleging full payment, and pleading a counter-claim for $23.20 taxes paid for plaintiff, ten dollars’ damages for plowing up meadow, and fifteen dollars’ damages for failing to remove fence.
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Appeal from Mahaska District Court. — Hon. David Ryan, Judge. Action to recover one hundred dollars, with interest, claimed to be due upon contract for the sale of real estate. Answer admitting the contracts set out, alleging full payment, and pleading a counter-claim for $23.20 taxes paid for plaintiff, ten dollars’ damages for plowing up meadow, and fifteen dollars’ damages for failing to remove fence. By agreement of parties the case was referred to Hon. W. H. Seevers, on an agreed statement of facts, and on the pleadings and contracts set out therein “to make computation and recommend…
1Opinion of the CourtG-iven, J.
— Appellee contends that, this oeing a law action, it cannot be reviewed in this court, because the record does not show upon what evidence the case was tried before the referee, because no exceptions were taken before or bill signed by the referee, and because no exceptions were taken to the report of the referee. The record shows clearly that the case was submitted to the referee on the agreed statement of facts, and on the pleadings and contracts set out therein, and that no other evidence was offered. The agreed statement of facts, pleadings and contracts set out therein all appear in the…
2Cases cited3 opinions
- Sage v. NicholsSupreme Court of Iowa · 1879
- Bauder v. HinckleySupreme Court of Iowa · 1882
- Michael v. LongmanSupreme Court of Iowa · 1876
3Cited by4 opinions
- Young v. ScovilleSupreme Court of Iowa · 1896
- Kossuth County State Bank v. RichardsonSupreme Court of Iowa · 1906
- In re Estate of MalvinSupreme Court of Iowa · 1894
- Doyle v. DuckworthSupreme Court of Iowa · 1910