Thurston v. Arnold
Supreme Court of Iowa
Appeal from Soott District Court. On the 15th day of August, 1872, the plaintiff and defendant, Vm. S. Arnold, entered into a written contract by which said Arnold agreed to convey to plaintiff his farm of 120 acres, in Scott county, Iowa.
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Appeal from Soott District Court. On the 15th day of August, 1872, the plaintiff and defendant, Vm. S. Arnold, entered into a written contract by which said Arnold agreed to convey to plaintiff his farm of 120 acres, in Scott county, Iowa. In consideration therefor the plaintiff, Thurston, agreed to pay said Arnold $1,200 on or before September 2, 1872, and $300 at the time possession of said farm should be delivered; and also to convey, or cause to be conveyed, to said Arnold about seven hundred and eighteen (718) acres of land in Wayne county, Missouri. Arnold was to surrender possession of…
1Opinion of the CourtEothrock, J.
I. We have carefully read and considered the evidence in the case, It is voluminous, and a review of it here would serve no useful purpose. We believe that the referee’s findings of fact are fully sustained by the evidence. It is perhaps proper to say that the written contract by its terms did not make time as of its essence, but provided generally that the $1,200 was to be paid on the second day of September, 1872. The plaintiff endeavored to show that there was a subsequent parol extension of time. The referee, as we think, properly found that there was no such -extension, but that…
2Cases cited2 opinions
- Taylor v. LongworthSupreme Court of the United States · 1840
- Young v. DanielsSupreme Court of Iowa · 1855
3Cited by11 opinions
- Alabama Construction Co. v. Continental Car & Equipment Co.Supreme Court of Georgia · 1908
- Rayburn v. Central Iowa Railway Co.Supreme Court of Iowa · 1887
- New York Brokerage Co. v. WhartonSupreme Court of Iowa · 1909
- Webb v. HancherSupreme Court of Iowa · 1905
- Zundelowitz v. WebsterSupreme Court of Iowa · 1896
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