McCormick v. Merritt
Supreme Court of Iowa
Appeal from Oedar Rapids Superior Oourt.— Hon. J. H. Roti-irock, Judge. Suit in equity to foreclose a mortgage given to secure a part of the purchase price of land.
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Appeal from Oedar Rapids Superior Oourt.— Hon. J. H. Roti-irock, Judge. Suit in equity to foreclose a mortgage given to secure a part of the purchase price of land. The land is within the corporate limits of the city of Cedar Rapids, and the written agreement of sale provided as follows: “ The conditions of the offer are that Twentieth street, 80 feet in width, shall be dedicated through from C avenue extended to E avenue extended, or that the said part of said street be included in the sale with the understanding that the same be dedicated for street purposes at such time as the owner of the…
1Opinion of the Court
Sherwin, C. J.—
1. land constructi'on.on The appellant contends that the agreement to dedicate the streets did not include an agreement to procure an acceptance of the dedication or of the streets, and that he performed his entire agreement when he tendered the deeds to the city.
It is doubtful whether the contract alone, and without other evidence showing the intent of the parties, will bear the construction contended for by the appellee. The provision that Twentieth street shall be dedicated, “ that the said part of said street be included in the sale ” to the defendant for future dedication,…
2Cases cited3 opinions
- Wickersham v. ReevesSupreme Court of Iowa · 1855
- McDaniels v. WhitneySupreme Court of Iowa · 1873
- Thompson v. LockeSupreme Court of Iowa · 1884
3Cited by4 opinions
- Gray v. Van GordonSupreme Court of Iowa · 1919
- Bank of Proctorville v. WestSupreme Court of North Carolina · 1922
- Swensen v. Union Central Life InsuranceSupreme Court of Iowa · 1938
- Kirkwood v. Perry Town Lot & Improvement Co.Supreme Court of Iowa · 1916