Legal Opinion

Prichard v. Mulhall

Supreme Court of Iowa

Decided October 28, 1908PublishedCited by 11 opinions

Appeal from, Woodbury District Court. — IIon. Frank K. Gaynor, Judge. Suit in equity for the- specific performance of a contract for tbe sale of land. Defendant admitted the contract, but pleaded various defenses, which, will be referred to in the body of the opinion. Trial to the court. Decree and judgment for plaintiff, and defendant appeals.

1Opinion of the CourtDeemer, J.

— 'This controversy was once before us in the form of an action at law, and the opinion on that appeal will be found in 127 Iowa, 545. After the reversal, the plaintiff so amended his petition as to make his action one in equity for the specific performance of the contract. Many issues were tendered by defendant; the pleadings covering something like nineteen pages of the printed abstract. We shall only refer to such of these issues as are relied upon by counsel for appellant in his argument. The contract between the parties being in writing and admitted, we here set out the material parts…

2Cases cited8 opinions

  1. Railway Co. v. McCarthySupreme Court of the United States · 1878
  2. Tayloe v. Merchants' Fire Ins. Co. of BaltimoreSupreme Court of the United States · 1850
  3. Stevenson v. PolkSupreme Court of Iowa · 1887
  4. Hudson & Co. v. Northern Pacific Railway Co.Supreme Court of Iowa · 1894
  5. Lessenich v. SellersSupreme Court of Iowa · 1903

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3Cited by11 opinions

  1. Reichard v. Chicago, Burlington & Quincy RailroadSupreme Court of Iowa · 1942
  2. Buchan v. German American Land Co.Supreme Court of Iowa · 1917
  3. Stroburg v. WalshCourt of Appeals of Texas · 1918
  4. Cowles v. J. C. Mardis Co.Supreme Court of Iowa · 1921
  5. Geo. H. Paul Co. v. ShawSupreme Court of Kansas · 1911

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