Perin v. Cathcart
Supreme Court of Iowa
Appeal from Plymouth District Oourt. — Hon. J. F. Oliver, Judge. Action to recover a balance alleged to -be due for real estate sold and delivered defendants. Defense, false and fraudulent representations in the sale of the land, and an accord and satisfaction. Trial to a jury which returned special findings and a general verdict for plaintiff. Defendants moved to set aside the general verdict, and for judgment on the special findings.
Read the full summary
Appeal from Plymouth District Oourt. — Hon. J. F. Oliver, Judge. Action to recover a balance alleged to -be due for real estate sold and delivered defendants. Defense, false and fraudulent representations in the sale of the land, and an accord and satisfaction. Trial to a jury which returned special findings and a general verdict for plaintiff. Defendants moved to set aside the general verdict, and for judgment on the special findings. This motion was overruled, and they appeal.
1Opinion of the CourtDeemer, J.
1 November 1, 1898, plaintiff entered into a parol contract with, defendants, whereby he agreed to sell them certain land for the snm of $8,000. He held title to some of the land so sold and a-contract of purchase for the remainder. There was due on this contract of purchase $834, and the land to which he held title was encumbered by mortgage. It was first agreed that defendants should pay $4,000 in cash and the remainder March 1, 1899,— whether with or witho-ut interest is a question in dispute. Some time after the' original contract was made, the parties entered into a new arrangement,…
2Cases cited8 opinions
- Potter v. DouglassSupreme Court of Connecticut · 1877
- Weddigen v. Boston Elastic Fabric Co.Massachusetts Supreme Judicial Court · 1868
- Keck v. Hotel Owners Mutual Fire InsuranceSupreme Court of Iowa · 1893
- Gassett v. Town of AndoverSupreme Court of Vermont · 1849
- Oil Well Supply Co. v. WolfeSupreme Court of Missouri · 1895
3 more not listed; retrieve them via the Exa API.
3Cited by20 opinions
- Lapp-Gifford Co. v. Muscoy Water Co.California Supreme Court · 1913
- Continental Gin Co. v. ArnoldSupreme Court of Oklahoma · 1915
- Kellogg v. Iowa State Traveling Men's Ass'nSupreme Court of Iowa · 1947
- Scott v. Imperial Hotel CompanyCourt of Appeals of Georgia · 1947
- Robson v. BarnettSupreme Court of Iowa · 1950
15 more not listed; retrieve them via the Exa API.