Foster v. Paine
Supreme Court of Iowa
Appeal from Davis District Oov/rt. In the year 1873, plaintiff sold to defendant, Jesse Fisk, a farm of one hundred acres, in Davis county, for fifteen hundred dollars.
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Appeal from Davis District Oov/rt. In the year 1873, plaintiff sold to defendant, Jesse Fisk, a farm of one hundred acres, in Davis county, for fifteen hundred dollars. Two hundred dollars was paid in cash at the time of the sale, and for the remainder of the purchase price Fisk gave six notes, which became due respectively on the 25th day of December, 1875, 1876, 1877, 1878, 1879 and 1880; and these notes were secured by a mortgage on the premises; executed by Fisk and his wife. In 1876, Fisk sold the land to Henry H. Draper for the same price which he had agreed to pay plaintiff for it. At…
1Opinion of the CourtReed, J.
1. CONTRACT novation: facts constituting. I. The evidence very satisfactorily establishes that there was an understanding between plaintiff and Risk and Draper, that the latter, in consideration of "** the sale of the farm to him by Risk, should be- ^ come responsible to plaintiff -for the amount of Risk’s debt to him. Plaintiff testifies that when Draper bought the farm of Risk he wrote to him, asking him whether he would consent to such an arrangement; and both Draper and Risk swear that plaintiff wrote to Draper in answer to this letter, giving his consent to the arrangement. Plaintiff has…
2Cases cited2 opinions
- Sloan v. RiceSupreme Court of Iowa · 1875
- Foster v. PaineSupreme Court of Iowa · 1881
3Cited by12 opinions
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- Watt v. German Savings BankCourt of Appeals of Iowa · 1917
- Martin v. Leeper Bros. Lumber Co.Supreme Court of Oklahoma · 1915
- Benton v. Morningside CollegeSupreme Court of Iowa · 1926
- Hannan v. MurphySupreme Court of Iowa · 1924
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