Legal Opinion · Concurrence

John Hancock Mutual Life Insurance v. Behr

Supreme Court of Iowa

Decided December 31, 1940No. 45256Published

1ConcurrenceMiller, J.

I agree that the decree should be affirmed but I am not in accord with all of the reasons stated in the foregoing opinion for such affirmance.

Tbe opinion implies that tbe contract between tbe plaintiff and the Browns was an option and not a completed contract of sale. In determining whether a particular transaction constitutes an option or a completed contract of sale, many difficult questions of interpretation arise. This is demonstrated by the opinions of this court in the cases of Gompert v. Frost, 188 Iowa 1039, 177 N. W. 71; Rampton v. Dobson, 156 Iowa 315, 136 N. W. 682, 3 A. L. R. 569;…

2Cases cited4 opinions

  1. In re Listing & Assessing Property of Shields Bros.Supreme Court of Iowa · 1907
  2. Gompert v. FrostSupreme Court of Iowa · 1920
  3. Rampton v. DobsonSupreme Court of Iowa · 1912
  4. Stewart v. PierSupreme Court of Iowa · 1882

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