Lewis v. Day
Supreme Court of Iowa
Appeal from Pollo Cvrcwit Court.' The plaintiffs sold and the defendant purchased of them certain real estate, and the plaintiffs claim the defendant bound himself to pay a certain mortgage thereon executed by them. This the defendant denied, and because the conveyance tendered contained a stipulation to that effect he declined to accept it, and refused to coinplete the purchase. This action was brought to recover damages caused by such refusal.
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Appeal from Pollo Cvrcwit Court.' The plaintiffs sold and the defendant purchased of them certain real estate, and the plaintiffs claim the defendant bound himself to pay a certain mortgage thereon executed by them. This the defendant denied, and because the conveyance tendered contained a stipulation to that effect he declined to accept it, and refused to coinplete the purchase. This action was brought to recover damages caused by such refusal. There was a jury trial, special verdict and judgment for the defendant; the plaintiffs appeal.
1Opinion of the CourtServers, J.
1 evidence-vendor and vendee. I. The property sold was known as tbe “ Opera Block, in East Des Moines.” The contract was in writing,’the material portion being as follows: “ -^01’ sa^ premises, Day is to give to said Lewises as f0n0WS; Lewises aré to convey subject to tbe Hartford loan of $11,440, tbe $440.00 being interest. Day is., to take up mechanics’ 'liens to the amount of $5,000.00. Day is to give Lewises tbe lands as follows: * * . Tbe mortgage to Hartford company provides that the same is not payable for ten years from tbe time the same was made, if semi-annual interest at the rate…
2Cases cited10 opinions
- Belmont v. . ComanNew York Court of Appeals · 1860
- Ferris v. CrawfordNew York Supreme Court · 1845
- Johnson v. . ZinkNew York Court of Appeals · 1873
- Johnson v. MonellSupreme Court of Iowa · 1862
- Townsend v. WardSupreme Court of Connecticut · 1858
5 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Shult v. DoyleSupreme Court of Iowa · 1925
- Hawn v. MaloneSupreme Court of Iowa · 1920
- Des Moines Joint Stock Land Bank v. AllenSupreme Court of Iowa · 1935
- J. Paul Yoder and Lowell Yoder v. Nutrena Mills, Inc.Court of Appeals for the Eighth Circuit · 1961
- DeGoey v. Van WykSupreme Court of Iowa · 1896
4 more not listed; retrieve them via the Exa API.