Pease v. Globe Realty Co.
Supreme Court of Iowa
Appeal from Polk District Court. — Hon. Jesse A. Hiller, Judge. Action to recover balance due- on a written instrument for the payment of a part of the purchase price for certain city lots. On trial to the court without a jury, judgment was rendered against both defendants, and they appeal. —
1Opinion of the Court
McClain, J. —
The instrument sued on was in form a promissory note for $200, to which was added the following clause: “Subject to the clearing of title to lots in ITyde Park for which this is given as part purchase price.” It appears that all the lots included in the purchase, for part payment of which the note was given, were in Hyde Park addition to the city of Des Moines, and were held by the grantor under tax deeds. It also appears that an action to quiet title was brought, in which title to all the lots save one was quieted in the defendant Globe Realty Company, the grantee of the lots.
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2Cases cited2 opinions
- Grimes v. EllysonSupreme Court of Iowa · 1905
- Young v. Iowa Toilers Protective Ass'nSupreme Court of Iowa · 1898
3Cited by2 opinions
- Modern Heat & Power Co. v. Bishop Steamotor Corp.Supreme Court of Iowa · 1948
- Lovenskiold v. Nueces Hotel Co.Court of Appeals of Texas · 1919