Conger v. Chilcote
Supreme Court of Iowa
Appeal from Waslvmyton District Court. This action is upon a contract in the following words: “ It is agreed by and between J. C. Conger and A. W. Chilcote that <1. O. Conger, A. W. Chileote and L. "Whitcomb may, at any time between this date and the 1st day of December next, contract and sell at an advance, in such quantities and at such price as they may agree, and for not less than one-third of the purchase money down, and the-remainder in not more than one and two years…
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Appeal from Waslvmyton District Court. This action is upon a contract in the following words: “ It is agreed by and between J. C. Conger and A. W. Chilcote that <1. O. Conger, A. W. Chileote and L. "Whitcomb may, at any time between this date and the 1st day of December next, contract and sell at an advance, in such quantities and at such price as they may agree, and for not less than one-third of the purchase money down, and the-remainder in not more than one and two years from date, the lands respectively bought by J. C. Conger and A. "W. Chileote this day, on a sheriff’s sale on execution…
1Opinion of the Court
Beck, J".
rThe following instruction requested by plaintiff was, after the modification shown therein, given to the jury: “If you find that Dr. Chilcote was one of the parties in interest (though his name was not used), in the case of Mt. Pleasant Bank against Conger, in which recovery was made against Conger on his bid, and you find that Cliilcote made no effort to prevent the prosecution of this case, then the judgment against Conger on the bid would be.conclusive against Chilcote, and Chilcote would be liable to pay whatever amount Conger had to-pay on that judgment. Modified by the court…
2Cited by9 opinions
- State ex rel. Kane v. JohnsonSupreme Court of Missouri · 1894
- Goodnow v. LitchfieldSupreme Court of Iowa · 1884
- Leach v. First Nat. Bk. of Ft. DodgeSupreme Court of Iowa · 1928
- State ex rel. Reeves v. BarkerMissouri Court of Appeals · 1887
- Coleman v. BosworthSupreme Court of Iowa · 1917
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