Breja v. Pryne
Supreme Court of Iowa
Appeal from Benton, District Court. — Hon. John R. Caldwell, Judge. Action In equity to compel specific performance of a written contract for the sale and conveyance of certain real estate described, and also to recover -damages for causes hereafter stated. Defendant denies that the written contract set out contains all the agreement between the parties.
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Appeal from Benton, District Court. — Hon. John R. Caldwell, Judge. Action In equity to compel specific performance of a written contract for the sale and conveyance of certain real estate described, and also to recover -damages for causes hereafter stated. Defendant denies that the written contract set out contains all the agreement between the parties. He alleges that either by the mistake, intention, fraud, or oversight of the scrivener who drew said contract, certain conditions agreed upon were not embraced therein. He alleges that, in addition to what is written therein, the plaintiff…
1Opinion of the Court
Given, O. J.
I. The written contract set out is as follows:
“Elberon, Iowa, September 5th, 1892. This agreement made and entered into between and by Aaron Pryne, party of the first part, and Andrew Breja, party of the second part; the first party agrees to sell, and the second party agrees to buy, certain lands, of 250 acres, more or less, being situated in Ivane township, Benton county, Iowa, about two miles southeast of Elberon, Iowa, for the consideration of the sum of $12,175. The first party hereby agrees to give to the second party good abstract of title and deeds of the above-mentioned…
2Cited by4 opinions
- Potter v. OsterSupreme Court of Iowa · 1988
- Bowman v. BesleySupreme Court of Iowa · 1903
- Rensink v. WiggersSupreme Court of Iowa · 1896
- Snell v. S. S. Kresge Co.Supreme Court of Iowa · 1935