Young v. Daniels
Supreme Court of Iowa
Appeal from the Scott District Court. This was a petition for tbe specific performance of a tract relating to tbe sale of certain land. To this there a demurrer, which was overruled, and the respondent faili to answer, a decree was entered in accordance with t. prayer of the petition. Respondent appeals, and in court relies upon the sufficiency of his demurrer.
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Appeal from the Scott District Court. This was a petition for tbe specific performance of a tract relating to tbe sale of certain land. To this there a demurrer, which was overruled, and the respondent faili to answer, a decree was entered in accordance with t. prayer of the petition. Respondent appeals, and in court relies upon the sufficiency of his demurrer. The material averments of the bill are as follows: On the 10th day of July, 1852, compbinant made a contract in writing with the respondent, for tbe purchase of land. Respondent was then a non-resident of the state, and so continued…
1Opinion of the Court
Wright, 0. J.
To reverse this decree, respondent insists, under his demurrer: First, that time was of the essence of the *129'contract between these parties, and that the bill shows such 'default on the part of complainant in making payment, as releases the respondent from any obligation therein; second, 'that the bill does not aver the tender of a deed to respondent for execution, before suit brought; third, that no such 'tender of the amount due on the bond is stated, as entitles •complainant to a decree.
An application to enforce the specific performance of a contract, is always addressed to the…
2Cases cited8 opinions
- Colson v. ThompsonSupreme Court of the United States · 1817
- Taylor v. LongworthSupreme Court of the United States · 1840
- Brashier v. GratzSupreme Court of the United States · 1821
- Benedict v. LynchNew York Court of Chancery · 1815
- Brumfield v. PalmerIndiana Supreme Court · 1844
3 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- Armstrong v. PiersonSupreme Court of Iowa · 1857
- Smith v. ShepherdSupreme Court of Iowa · 1873
- Sweeney v. O'HoraSupreme Court of Iowa · 1876
- Auxier v. TaylorSupreme Court of Iowa · 1897
- Thurston v. ArnoldSupreme Court of Iowa · 1876
6 more not listed; retrieve them via the Exa API.