Peoria Tractor Corp. v. Mason
Supreme Court of Iowa
Appeal from Polk District Court. — J. B. 'Wallingford, Judge. Aotion at law to recover from defendant $500 paid by plaintiff to defendant for a lot of land, which was not conveyed. Plaintiff claimed there was a shortage in the land, and in its petition elected to rescind. Five or ten days thereafter, defendant sold the tract to other parties, at the same price.
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Appeal from Polk District Court. — J. B. 'Wallingford, Judge. Aotion at law to recover from defendant $500 paid by plaintiff to defendant for a lot of land, which was not conveyed. Plaintiff claimed there was a shortage in the land, and in its petition elected to rescind. Five or ten days thereafter, defendant sold the tract to other parties, at the same price. The defendant claimed, among other things, that plaintiff had repudiated the contract, and therefore had no right to rescind. Trial to the court, without a jury. Judgment for plaintiff. Defendant appeals. —
1Opinion of the CourtPreston, J.
As to disputed facts, the finding of the trial court has the force of a jury verdict. On May 29, 1919,. plaintiff and defendant, by their agents, entered into a written contract, by which plaintiff agreed to buy, and defendant agreed to sell and convey, by warranty deed, accompanied by abstract showing good title, the following real estate in Polk County, Iowa: Lot 6, of the official plat of the southwest quarter of Section 6 — 78— 23, except 120 feet, measuring from the east lot line of the street as laid out on the east side of the said lot. Five hundred dollars was to be paid, and was…
2Cases cited10 opinions
- City of Clinton v. Cedar Rapids & Missouri River RailroadSupreme Court of Iowa · 1868
- Milburn v. City of Cedar RapidsSupreme Court of Iowa · 1861
- City of Des Moines v. HallSupreme Court of Iowa · 1868
- Brown v. YoungSupreme Court of Iowa · 1886
- Harrison v. Des Moines & Ft. Dodge Railway Co.Supreme Court of Iowa · 1894
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3Cited by1 opinion
- Werth v. WillerNorth Dakota Supreme Court · 1933