Primm v. Wise
Supreme Court of Iowa
Appeal from Woodbury District Gourt.— HoN. George W. .Wakbeiekd, Judge. AotioN commenced at law to recover $2,000, paid by plaintiff to defendants on a contract of defendants to convey certain land to tbe plaintiff, which it is alleged defendants were unable to convey at the time specified in the contract, wheréupon plaintiff rescinded the contract, and demanded the return of the payment already made.
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Appeal from Woodbury District Gourt.— HoN. George W. .Wakbeiekd, Judge. AotioN commenced at law to recover $2,000, paid by plaintiff to defendants on a contract of defendants to convey certain land to tbe plaintiff, which it is alleged defendants were unable to convey at the time specified in the contract, wheréupon plaintiff rescinded the contract, and demanded the return of the payment already made. Defendants relied upon failure of plaintiff to tender performance of the contract at the time specified, and alleged their own readiness and' ability to perform, and asked that either the…
1Opinion of the Court
McClain, J.—
The contract of defendants to convey' certain specified 'land in Missouri to the plaintiff, then a resident of Iowa, was made on the 10th of September, 1902, defendants purporting to act, however, as agents of an undisclosed principal, and subject to the owner’s approval. By its terms $2,000 cash was to be paid on the execution of the contract, and the receipt of that amount was acknowledged. It was provided that on February 1, 1903, the plaintiff should malee a further payment of $3,100, assume a mortgage of $2,400, and give a mortgage back for the balance of the purchase price…
2Cases cited10 opinions
- Burks v. DaviesCalifornia Supreme Court · 1890
- Clark v. WeisIllinois Supreme Court · 1877
- Gregory v. ChristianSupreme Court of Minnesota · 1890
- Hopwood v. CorbinSupreme Court of Iowa · 1884
- Goetz v. WaltersSupreme Court of Minnesota · 1885
5 more not listed; retrieve them via the Exa API.
3Cited by27 opinions
- Fagan v. HookSupreme Court of Iowa · 1905
- Breen v. MayneSupreme Court of Iowa · 1908
- Webb v. HancherSupreme Court of Iowa · 1905
- Martin v. RobertsSupreme Court of Iowa · 1905
- Binkholder v. CarpenterSupreme Court of Iowa · 1967
22 more not listed; retrieve them via the Exa API.