Brown v. Martin
Supreme Court of Iowa
Appeal from Woodbury District- Court. — J. W. Anderson, Judge. This is an action at law in two counts, to recover damages for a breach of contract on the part of defendants, plaintiff alleging that the contract was broken, in that the defendants, in violation of said contract, transferred some real estate of which plaintiff was the owner, without obtaining plaintiff’s consent thereto.
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Appeal from Woodbury District- Court. — J. W. Anderson, Judge. This is an action at law in two counts, to recover damages for a breach of contract on the part of defendants, plaintiff alleging that the contract was broken, in that the defendants, in violation of said contract, transferred some real estate of which plaintiff was the owner, without obtaining plaintiff’s consent thereto. The second count is for damages caused by defendants’ transferring certain rent notes, of which plaintiff claims to have been the half owner', without plaintiff’s knowledge or consent. There was a trial to a…
1Opinion of the CourtPreston, J.
The issues, as set out by appellants, which appellee concedes are correct, are as follows:
“Plaintiff in Count 1, Paragraph 1, of his petition alleges that, on or about the 20th day of April, 1914, he was the owner of the real estate (and therein describes the real *566estate), and further alleges in said count that there was a total incumbrance against the land at that time of $32,270, and that there was $4,800 of said incumbrance due, and that plaintiff, for the purpose of making payment of said sum of $4,800 on or about said date, entered into an agreement, not in writing, with the defendants,…
2Cases cited14 opinions
- Richards v. GrinnellSupreme Court of Iowa · 1884
- Doyle v. BurnsSupreme Court of Iowa · 1904
- Miller v. KendigSupreme Court of Iowa · 1880
- Pennybacker v. LearySupreme Court of Iowa · 1884
- Madden v. Saylor Coal Co.Supreme Court of Iowa · 1907
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3Cited by1 opinion
- Mabrier v. AM Servicing Corporation of RaytownSupreme Court of Iowa · 1968