Hanson v. Stephenson
Supreme Court of Iowa
Appeal from Jefferson District Court. Suit in equity to enforce a specific performance of a parol contract for the sale of land — the south-east quarter of the north-east quarter of section 36, township 72, range 8, west. The district court granted the prayer of the petitioner. The defendants appeal.
1Opinion of the CourtCole, J.
This judgment must be reversed, for the reason that the evidence does not justify it. The contract, according to plaintiff’s own statement, rests wholly in parol. The plaintiff testifies positively to the fact of making the contract, and to the payment of $5.00 upon it; he is corroborated by one witness to the extent only that there were negotiations for the sale and purchase between him and defendant at the time plaintiff says the contract was made. The defendant testifies to the fact of negotiations for the sale and purchase at the time and place stated by plaintiff, but positively denies…
2Cited by2 opinions
- Brown v. MartinSupreme Court of Iowa · 1919
- Cottrell v. PiattSupreme Court of Iowa · 1897