Stewart v. McArthur
Supreme Court of Iowa
Appeal from Lee District Court. — Hon. J. M. Casey, Judge. This is an action in equity to reform a deed, and to recover damages for the alleged wrongful entry upon the premises conveyed by the deed, and the destruction of crops growing thereon. The district court rendered a decree reforming the deed as prayed, and awarding to plaintiff damages in the sum of one hundred and seventy dollars. The defendants appeal.
1Opinion of the CourtRobinson, J.
In June, 1887, the defendant James McArthur purchased of plaintiff a tract of land which contained about eighty acres, for the agreed price of fifty dollars per acre. The sale was negotiated by one Mitchell as the agent of plaintiff, and by one Gilchrist as the agent of McArthur. When the negotiations were concluded, Gilchrist delivered to Mitchell a check for the purchase price, and received in return a writing, of which the following is a copy :
“Ft. Madison, Iowa, June 8, 1887.
“ This is to certify that I am agent of Charles Stewart, and have authority to sell the east half of the northeast…
2Cases cited2 opinions
- Wachendorf v. LancasterSupreme Court of Iowa · 1883
- Clute v. FrasierSupreme Court of Iowa · 1882
3Cited by5 opinions
- Schrimper v. Chicago, Milwaukee & St. Paul Railway Co.Supreme Court of Iowa · 1900
- Good Milking Machine Co. v. GallowaySupreme Court of Iowa · 1915
- Grabow v. McCracken Et Ux.Supreme Court of Oklahoma · 1909
- West v. WestSupreme Court of Iowa · 1894
- Cataldo v. CompianoSupreme Court of Iowa · 1956