Ring v. Ashworth
Supreme Court of Iowa
Appeal from, the Clinton District Court. This is a bill in chancery by tbe vendee, seeking to reform, and. also to compel tbe vendor to specifically perform, á written contract for tbe conveyance of certain real estate.
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Appeal from, the Clinton District Court. This is a bill in chancery by tbe vendee, seeking to reform, and. also to compel tbe vendor to specifically perform, á written contract for tbe conveyance of certain real estate. Tbe respondents demurred to tbe bill, for tbe following reasons : 1. Tbat tbe court bad no jurisdiction to correct tbe mistake in tbe contract, and then decree a specific performance of the contract, when so corrected. 2. Tbat tbe description of a part of tbe land, was so indefinite, tbat no particular tract of land is, or can be, designated by metes and bounds. Tbe demurrer…
1Opinion of the CourtWeight, C. J.
Two questions are presented in this case. Complainant alleges in his bill, that one parcel of the land sold him by respondents, was by mistake misdescribed in the written contract. He therefore prays, that this mistake *457may be corrected, and tbat respondents may be decreed to convey tbe parcel intended and designed to be sold, wbicb is specifically set ont. . In tbe argujnent, the parties bave treated this averment as denied by tbe answer, and tbe question made is, tbat a court of equity has no jurisdiction to correct a mistake in a contract, and then decree its specific performance as…
2Cases cited3 opinions
- Gillespie v. MoonNew York Court of Chancery · 1817
- Bradford v. President of the Union Bank of TennesseeSupreme Court of the United States · 1852
- Keisselbrack v. LivingstonNew York Court of Chancery · 1819
3Cited by11 opinions
- Reggio v. WarrenMassachusetts Supreme Judicial Court · 1911
- Hausbrandt v. HoflerSupreme Court of Iowa · 1902
- Smith v. CrawfordIllinois Supreme Court · 1876
- Skubal v. MeekerSupreme Court of Iowa · 1979
- Butler v. ThrelkeldSupreme Court of Iowa · 1902
6 more not listed; retrieve them via the Exa API.