Foshier v. Fetzer
Supreme Court of Iowa
Appeal from Marion District Court. — Hon. J. D. Gamble, Judge. Action for the specific performance of a contract to convey real estate.
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Appeal from Marion District Court. — Hon. J. D. Gamble, Judge. Action for the specific performance of a contract to convey real estate. The trial court found that there was a contract between plaintiff and defendant, William Fetzer, but that, as defendant, Alberta Fetzer, wife of William, was an innocent purchaser of the land from her husband, the contract could not be specifically . enforced, and, in lieu thereof, judgment was rendered against William for the value of the land, to wit, $5,500, with interest. Defendant William Fetzer appeals from the judgment against him, and plaintiff also…
1Opinion of the CourtDeemer, J.
The sole question presented by the appeal, as stated by appellant’s counsel, is this: “In other words, the appeal presents no controverted question of fact, and, if the court finds that the contract was made as alleged, the judgment on this appeal would be affirmed.” As will presently be observed, the question is really of mixed law and fact. If there was a contract between the parties, it must be found from the correspondence which passed between them, for plaintiff is a resident of this state, and defendants are residents of the state of Ohio. This correspondence is too long to be set out…
2Cases cited9 opinions
- Mayer v. . McCreeryNew York Court of Appeals · 1890
- Hopwood v. McCauslandSupreme Court of Iowa · 1903
- Sawyer v. BrossartSupreme Court of Iowa · 1885
- Magee v. McManusCalifornia Supreme Court · 1886
- Batie v. AllisonSupreme Court of Iowa · 1889
4 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Shell Oil Company v. KelinsonSupreme Court of Iowa · 1968
- Western Securities Co. v. AtleeSupreme Court of Iowa · 1915
- Harris v. BillsSupreme Court of Iowa · 1927
- Healy v. HohnSupreme Court of Iowa · 1912
- Jameson v. Joint Drainage District No. 3Supreme Court of Iowa · 1921
3 more not listed; retrieve them via the Exa API.