Tasker v. Marshall
Supreme Court of Iowa
Appeal from the Muscatine District Court. The respondent made bis bond for tbe sale and conveyance of certain real estate to plaintiff. Eor tbe consideration money, complainant executed bis promissory notes, wbicb were assigned by defendant, and judgments recovered tbereon in tbe name of tbe assignees.
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Appeal from the Muscatine District Court. The respondent made bis bond for tbe sale and conveyance of certain real estate to plaintiff. Eor tbe consideration money, complainant executed bis promissory notes, wbicb were assigned by defendant, and judgments recovered tbereon in tbe name of tbe assignees. Tbe complainant brings this action, seeking a specific performance of said contract to convey, and in the event that respondent is not able to make title to said real estate, that he be required to respond in damages for such failure. A material question in the case is, whether said judgments,…
1Opinion of the CourtWeight, C. J.
-The appellant in his argument, as originally submitted in writing, seeks to reverse the judgment below, alone upon the ground that the entire consideration money for the real estate sold by respondent, remains unpaid. It would seem that counsel for appellee submitted his argument, also in writing, without having seen that of appellant, for throughout he assumes such payment as a matter about which there was no controversy, and makes no response to the only point in defendant’s brief. It being thus manifest to the court, that for some cause, one, if not both parties were laboring under a…
2Cited by4 opinions
- Spellman v. Lincoln Rapid Transit Co.Nebraska Supreme Court · 1893
- Citizens Street Railroad v. HoffbauerIndiana Court of Appeals · 1900
- White v. FarlieSupreme Court of Iowa · 1885
- Monaghan v. Equitable Life InsuranceSupreme Court of Iowa · 1918