Legal Opinion

Rhea v. Brewster

Supreme Court of Iowa

Decided June 7, 1906PublishedCited by 16 opinions

Appeal from Sioux District Court.— Hon. William Hutchinson, Judge. The plaintiff alleged that the defendant George Brewster was clerk of the district court of Sioux county during the period mentioned, and that Lewis Brewster and John Morris were the sureties on his official bond; that on March 26, 1902, Henry Meylink instituted an action against the plaintiff, David A. Rhea, and wife, praying for the specific performance of an oral contract to convey a quarter section of…

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Appeal from Sioux District Court.— Hon. William Hutchinson, Judge. The plaintiff alleged that the defendant George Brewster was clerk of the district court of Sioux county during the period mentioned, and that Lewis Brewster and John Morris were the sureties on his official bond; that on March 26, 1902, Henry Meylink instituted an action against the plaintiff, David A. Rhea, and wife, praying for the specific performance of an oral contract to convey a quarter section of land, and paid into the office of said clerk $9,430 as a tender of the balance of the purchase price; that the cause was…

1Opinion of the CourtLadd, J.

On the 26th day of March, 1902, Henry Meylink filed his petition in the district court of Sioux county, demanded the specific performance of an oral contract tO' sell certain land in Sioux county, and at the same time paid into the hands of George Brewster, as clerk of said court, the sum of $9,430 as a tender of the balance of the purchase price. The defendant therein, David A. Rhea, filed his answer and the cause proceeded to trial, which resulted i-n a decree as prayed, in December, 1902. Appeal was taken to this court, whereupon the clerk deposited the aforesaid amount in the banks at…

2Cases cited18 opinions

  1. State v. McFetridgeWisconsin Supreme Court · 1893
  2. Hunt v. HopleySupreme Court of Iowa · 1903
  3. United States v. MosbySupreme Court of the United States · 1890
  4. Renfroe v. ColquittSupreme Court of Georgia · 1885
  5. Rock v. StingerIndiana Supreme Court · 1871

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3Cited by16 opinions

  1. City of Butte v. GoodwinMontana Supreme Court · 1913
  2. McMillan v. Robeson CountySupreme Court of North Carolina · 1964
  3. Burlingame v. Hardin CountySupreme Court of Iowa · 1917
  4. Bordy v. SmithNebraska Supreme Court · 1948
  5. Lynn v. City of LongviewWashington Supreme Court · 1942

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