Norton v. Hinecker
Supreme Court of Iowa
Appeal from Story District Court.— Hon. J. E. Whitaker, Judge. Action to recover damages for breach of a contract for the exchange of property, in which the plaintiff also asked to recover against the defendant as the assignee of a lease for the rent of premises which had been destroyed by fire.
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Appeal from Story District Court.— Hon. J. E. Whitaker, Judge. Action to recover damages for breach of a contract for the exchange of property, in which the plaintiff also asked to recover against the defendant as the assignee of a lease for the rent of premises which had been destroyed by fire. The defendant denied liability on the contract-for the exchange of property, and as to the claim for rent tendered $20 up to the time of the fire, and denied liability for any further amount. There was a judgment on a directed verdict for plaintiff for the amount, of "the tender, and the costs were…
1Opinion of the CourtMcClain, J.
In the absence of any argument for appellee, we shall dispose of the case without further discussion of the questions raised than is necessary to indicate our conclusions as to the points which must be determined in disposing of the appeal.
Defendant admits in his answer that on August 4, 1905, he entered into a written agreement with the plaintiff, set out by way of exhibit attached to plaintiff’s- petition, in which defendant agreed to exchange his implement stock, residence property, and a team, harness' and wagon for a fractional forty-acre tract of land belonging to the plaintiff. In this…
2Cases cited1 opinion
- Fagan v. HookSupreme Court of Iowa · 1905
3Cited by5 opinions
- Jones v. JerniganNew Mexico Supreme Court · 1924
- Lommen v. DanaherWisconsin Supreme Court · 1917
- Robbins v. SelbySupreme Court of Iowa · 1909
- Brunsvold v. MedgordenSupreme Court of Iowa · 1915
- Hiller v. BettsSupreme Court of Iowa · 1927