Nunngesser v. Hart
Supreme Court of Iowa
Appeal from Guthrie District Oourl.- — IíoN. J. Ií. Apple-gate, Judge. ActioN to recover damages arising out of an alleged breach of the warranty in a deed conveying real estate. A demurrer addressed to the petition was overruled, and, the defendant electing to stand upon the ruling, and refusing to plead further, there was judgment against him for the amount of plaintiffs demand with costs. From this judgment he appeals.
1Opinion of the CourtBishop, J.
The petition recites that on September 26, 1900, a contract in writing was entered into between plaintiff and defendant, and, quoting from the writing, “whereby the said Peter Hart has this day sold unto George W. Nunngesser the following described premises, situated in the county of Adair, Iowa,” etc. The writing provides that the purchase price is to be paid, $500 on the execution of the contract; $3,500, January 10, 1901; and the balance in yearly payments, secured by mortgage on the lands. The contract concludes: “'Peter Hart agrees to give George W. Nunngesser a good and sufficient…
2Cases cited3 opinions
- Miller v. CoreySupreme Court of Iowa · 1863
- Frost v. ClarkSupreme Court of Iowa · 1891
- Sackett v. OsbornSupreme Court of Iowa · 1868
3Cited by18 opinions
- Sheehy v. ScottSupreme Court of Iowa · 1905
- Clinton v. ShugartSupreme Court of Iowa · 1904
- Mitchell v. MutchSupreme Court of Iowa · 1920
- Tieton Hotel Co. v. ManheimWashington Supreme Court · 1913
- Iowa Railroad Land Co. v. Estate of BoyleSupreme Court of Iowa · 1912
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