Haven v. Kramer
Supreme Court of Iowa
Appeal from Dubuque District Cou/rt. The plaintiff, in substance, avers tbat in the month of •June, 1868, by a verbal contract, he agreed to sell to James H. Haven lots number sixty-five and sixty-six in the village of Dyersville for $650, $325 of which was to be paid then in cash, and $325 was to be paid in one year from the time of making the contract, and was to be evidenced by the promissory note of James IT.
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Appeal from Dubuque District Cou/rt. The plaintiff, in substance, avers tbat in the month of •June, 1868, by a verbal contract, he agreed to sell to James H. Haven lots number sixty-five and sixty-six in the village of Dyersville for $650, $325 of which was to be paid then in cash, and $325 was to be paid in one year from the time of making the contract, and was to be evidenced by the promissory note of James IT. Haven, bearing interest at the rate of eight per cent, per annum. That at the time of making the contract James IT. Haven paid $120 but failed to pay the remainder of the first…
1Opinion of the Court
Day, J. —
The petition avers, and the answer does not deny, that the deed of plaintiff to J ames IT. Haven was delivered by Alsop to said Haven, and that he procured the same to be recorded on the twenty-seventh day of February, 1871. The petition further alleges that in the month of October, 1871, the defendant, Kramer, purchased the lots in question of James Tí. Haven. This allegation is not denied. The petition further alleges that Kramer purchased with full knowledge of plaintiff’s rights. The answer alleges that defendant purchased the lots and paid the full value thereof, without any…
2Cases cited3 opinions
- Burson v. HuntingtonMichigan Supreme Court · 1870
- Eyerts v. AgnesWisconsin Supreme Court · 1856
- Tisher v. BeckwithWisconsin Supreme Court · 1872
3Cited by18 opinions
- Tutt v. SmithSupreme Court of Iowa · 1924
- Jackson v. LynnSupreme Court of Iowa · 1895
- Jackson v. RowleySupreme Court of Iowa · 1893
- Mohr v. JoslinSupreme Court of Iowa · 1913
- Watts v. ArcherSupreme Court of Iowa · 1961
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