First Unitarian Society v. Citizens Savings & Trust Co.
Supreme Court of Iowa
Appeal from Johnson District Court. — Hon. R. P. Howell, Judge. This is an action for damages for breach of covenant in warranty deed. The case was tried to the court without a jury upon an agreed statement of facts. There was a judgment for the defendant, and plaintiff appeals.
1DissentDeembr, J.
(dissenting). — In view of the importance of the legal principle involved, it is unfortunate that the case has been submitted in the manner it has, for I fear that this has unconsciously led to an announcement of legal doctrines which might not otherwise have been pronounced — doctrines which I think are a wide departure from previous cases, and from well-settled rules and principles of law formerly imbedded not only in the jurisprudence of this country but of England as well. I am led to believe that the case was submitted to the district court simply to secure an opinion as to whether or…
2Cases cited42 opinions
- Huyck v. . AndrewsNew York Court of Appeals · 1889
- Mitchell v. WarnerSupreme Court of Connecticut · 1825
- Morgan v. SmithIllinois Supreme Court · 1849
- Morrison v. MarquardtSupreme Court of Iowa · 1867
- Van Wagner v. NostrandSupreme Court of Iowa · 1865
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