Puttman v. Haltey
Supreme Court of Iowa
Appeal from Winnesheik District Court. This is an equitable proceeding to enforce the specific performance of a verbal contract to convey a right of •way.
Read the full summary
Appeal from Winnesheik District Court. This is an equitable proceeding to enforce the specific performance of a verbal contract to convey a right of •way. The petition avers, that the defendant agreed to sell and convey to the plaintiff a certain tract of land (describing it), and a right of way connecting the same with a certain public road, to commence at a given corner of the land, and thence over defendant’s land along a section line to the intersection thereof with said public road, and to be of such width as is necessary for the use of the plaintiff. The consideration to be paid by…
1Opinion of the CourtBeck, J.
The evidence satisfactorily sustains the allegations of the petition in regal'd to the agreement to convey to plaintiff the use and possession of the right of way, and the other material averments. Against plaintiff’s *427right to relief, however, the defendant urges the following objections:
1. Conveyance: contract: description I.That the contract is not sufficiently certain as to the
way itself to authorize the court to enforce specific per- performance thereof. ¥e think this objection is not well taken. The point of commencement fixed by the terms of the agreement and' may be readily determined…
2Cases cited2 opinions
- Lawton v. BuckinghamSupreme Court of Iowa · 1863
- Wetherell v. BrobstSupreme Court of Iowa · 1867
3Cited by13 opinions
- Wallace v. ScogginsOregon Supreme Court · 1889
- Dawson v. McKinnonSupreme Court of Iowa · 1939
- Trayer v. ReederSupreme Court of Iowa · 1876
- Chantland v. ShermanSupreme Court of Iowa · 1910
- Wallace v. ScogginsOregon Supreme Court · 1889
8 more not listed; retrieve them via the Exa API.