Barron v. Easton
Supreme Court of Iowa
Appeal from the Scott District Court. On the 21st of August, 1855, Barron filed bis bill in equity in tbe District Court in Scott county, against Eliphalet Easton, William Hall, administrator of Ora M. Burke, deceased, Albert 0. Burke, Charles Smith and Eliza, his wife, formerly Eliza Burke, and Ann and Howard Burke, minors, praying for the specific performance of a contract for the conveyance of the southeast quarter of section five, township seventy-nine north, range four…
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Appeal from the Scott District Court. On the 21st of August, 1855, Barron filed bis bill in equity in tbe District Court in Scott county, against Eliphalet Easton, William Hall, administrator of Ora M. Burke, deceased, Albert 0. Burke, Charles Smith and Eliza, his wife, formerly Eliza Burke, and Ann and Howard Burke, minors, praying for the specific performance of a contract for the conveyance of the southeast quarter of section five, township seventy-nine north, range four east, which was located by military bounty land warrant number 10,215. The bill alleges that 0. M. Burke, being the…
1Opinion of the CourtWoodward, J.
The errors assigned are based upon the matter of the demurrer. The first and third grounds of demurrer amount to the same thing. As to the second ground, that complainant has a complete remedy at -law, nothing is said to explain this, and show the'meaning of the party or his counsel. But it is presumed he means, an action for damages on- the bond. It is sufficient tó say, that when a party has two remedies given by law, he has his election, and cannot be compelled to take either one. Thus, on title bonds, or contracts to convey land, the party generally has a right to an action for damages…
2Cited by4 opinions
- Todd v. State BankSupreme Court of Iowa · 1917
- Rutherford v. HavenSupreme Court of Iowa · 1861
- Wilson v. ShorickSupreme Court of Iowa · 1866
- Smith v. FoxCity of New York Municipal Court · 1886