Chamberlain v. Wolf
Supreme Court of Iowa
Appeal from Butler Distmct Court. — Hon. I. O. Stierwin, Judge. An action by the defendant against the plaintiff having been consolidated with this, the pleadings are somewhat lengthy and complicated, though the issues are 'but few.
Read the full summary
Appeal from Butler Distmct Court. — Hon. I. O. Stierwin, Judge. An action by the defendant against the plaintiff having been consolidated with this, the pleadings are somewhat lengthy and complicated, though the issues are 'but few. The plaintiff states as his cause of action, in substance, as follows: That about the 21st day of July, 1892, he and defendant entered into an agreement, partly in parol and partly in writing, whereby, for the consideration of $3,300, plaintiff sold to the defendant a certain quarter section of land in Merrick county, Neb. 'That said consideration was to be paid…
1Opinion of the CourtGiven, J.
I. Defendant’s first contention is that fbo agreement was for an exchange of properties, that it was fully executed, and that by tbe transaction title to tbe mares passed to tbe plaintiff, and title to the land to tbe defendant. If this is true, clearly tbe plaintiff cannot maintain this action, as in that case tbe land is fully paid for, whether avc call tbe transaction a sale or exchange. Plaintiff claims *180that, it is not an executed agreement, but that it remained for the defendant, in executing it, to deliver the mares on demand, after the colts were weaned, and that, delivery being…
2Cited by1 opinion
- Busbee v. ChapmanSupreme Court of Georgia · 1912