Hampton v. Moorhead
Supreme Court of Iowa
Appeal from Henry District Court. ActioN in equity for specific performance and for general relief. Tbe plaintiff avers tliat lie purchased of the defends ant, Thomas L. Moorhead, through his attorney in fact, J. W. Moorhead, certain land in Henry county, for the agreed price of $4,750, and paid $4,500, and was to pay the “balance when a deed should be delivered; that he has offered to pay the balance and has demanded a deed, but that the defendant has refused to execute…
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Appeal from Henry District Court. ActioN in equity for specific performance and for general relief. Tbe plaintiff avers tliat lie purchased of the defends ant, Thomas L. Moorhead, through his attorney in fact, J. W. Moorhead, certain land in Henry county, for the agreed price of $4,750, and paid $4,500, and was to pay the “balance when a deed should be delivered; that he has offered to pay the balance and has demanded a deed, but that the defendant has refused to execute it.” The defendant for answer denies that he ever sold the land to the plaintiff, or any part thereof, and denies that he…
1Opinion of the CourtAdams, J.
There is some evidence tending to show that the power of attorney, by virtue of which the sale is alleged 1. ATTORNEY in fact: power to sell powertoex-change. to have been made, was forged, but we do not . ° deem it necessary to determine what the tact was. For Purposes of the opinion it may be conceded that the power of attorney was not forged. But, conceding such fact, we are not able to see how, under the plaintiff’s own testimony, the sale can be sustained. While it appears clearly enough that the plaintiff paid $2,000 in cash, as the court found, yet it was paid only to J. W. Moorhead,…
2Cases cited1 opinion
- Vail v. StrongSupreme Court of Vermont · 1838
3Cited by7 opinions
- Manatt v. ScottSupreme Court of Iowa · 1898
- Frost v. Erath Cattle Co.Texas Supreme Court · 1891
- Morton v. MorrisCourt of Appeals of Texas · 1901
- Slone v. BerlinSupreme Court of Iowa · 1893
- Welke v. WackershauserSupreme Court of Iowa · 1909
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