Legal Opinion

Austin v. Whitcher

Supreme Court of Iowa

Decided March 7, 1907PublishedCited by 5 opinions

Appeal from Buchanan District Court.— IIon. Franklin C. Platt, Judge. This is a suit to recover damages for the failure of title to three acres of land, which the plaintiff alleges he purchased of the defendant. Trial to a jury, and verdict and judgment for the defendant. The plaintiff appeals.

1Opinion of the CourtSherwin, J.

The defendant-was the owner of land in Stark county, Ill., described as the W. % of the N. E. % of section No. 1, and the S. % of the S. E. % of the N. W. % of section No. 1, and another tract of land described by meets and bounds; the entire tract being supposed to contain one hundred and sixteen acres. He negotiated a sale of this land to the plaintiffs through a land agent; the price to be paid therefor being the sum of $8,120, which would be at the rate of $70 per acre. At the time the contract was entered into the defendant’s wife was visiting in California, and the deed conveying the…

2Cases cited4 opinions

  1. Nosler v. Chicago, Burlington & Quincy R'y Co.Supreme Court of Iowa · 1887
  2. Barrett v. MurphyMassachusetts Supreme Judicial Court · 1885
  3. Schwede v. HemrichWashington Supreme Court · 1902
  4. Olsen v. RogersCalifornia Supreme Court · 1898

3Cited by5 opinions

  1. People v. FowlerCalifornia Supreme Court · 1918
  2. State v. HillSupreme Court of Iowa · 1953
  3. Bristow v. LangeSupreme Court of Iowa · 1936
  4. Valentine v. Independent School DistrictSupreme Court of Iowa · 1919
  5. Musleh v. Division of Admin., State Dept. of Transp.District Court of Appeal of Florida · 1974

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