Legal Opinion

Barrett v. Dean

Supreme Court of Iowa

Decided December 12, 1866PublishedCited by 13 opinions

Appeal from Des Moines District Court. ACTTO'N. ^¡¡5 EORECÍ0SE' TITLl?' BOND'^SPE'diAL PROVISIONS construed. — This action was instituted in 1863, upon an agreement or instrument in writing, dated April 23, 1856, entered into between the defendant and Richard F. Barrett, of whose estate the plaintiff is the administrator.' This agreement is as follows : This agreement, made and entered into this 23d day of April, A. D. 1856, by and between Richard F. Barrett, of the city of…

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Appeal from Des Moines District Court. ACTTO'N. ^¡¡5 EORECÍ0SE' TITLl?' BOND'^SPE'diAL PROVISIONS construed. — This action was instituted in 1863, upon an agreement or instrument in writing, dated April 23, 1856, entered into between the defendant and Richard F. Barrett, of whose estate the plaintiff is the administrator.' This agreement is as follows : This agreement, made and entered into this 23d day of April, A. D. 1856, by and between Richard F. Barrett, of the city of St. Lduis, and of' St. Louis county, and State of Missouri, of the first part, and M. W. Bean, of Lee county, and State…

1Opinion of the CourtDillon, J.

i. contract: unilateral. Defendant contends that the true constiruetion of the agreement is, that -he was not absolutely bound tQ Pay pnrchase-money for the lots, but that he had the option to abandon the conT tract; that this option might be manifested by simply failing to pay any one of the installments of purchase-; money, or to pay the taxes or perform any of the conditions' on his part, he forfeiting whatever he might have paid at the time of abandonment; in short, that any failure of the defendant to perform his stipulations instantaneously and vpso facto made the agreement void.. This…

2Cases cited1 opinion

  1. Grimmell v. WarnerSupreme Court of Iowa · 1866

3Cited by13 opinions

  1. C. C. Slaughter Cattle Co. v. Potter CountyCourt of Appeals of Texas · 1921
  2. Chambers v. AndersonSupreme Court of Kansas · 1893
  3. Bohart v. Republic Investment Co.Supreme Court of Kansas · 1892
  4. Sigler v. WickSupreme Court of Iowa · 1877
  5. Clark v. HornSupreme Court of Iowa · 1904

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