Culbertson v. Smith
Supreme Court of Iowa
Appeal from Boone District Court. — R. M. Wright, Judge. Suit by plaintiff to rescind, and a counter suit by the defendant to specifically enforce, a contract of purchase and sale of real estate. There was a decree for the plaintiff, and defendant appeals. —
1Opinion of the CourtEvans, J.
— I. The defendant was the vendor and the plaintiff the vendee in the contract. The contract was entered into on June 30, 1919. It purported to be a contract of sale and purchase of a farm of 240 acres, for a consideration of $54,000. Two thousand dollars was paid by the plaintiff at the time of the execution of the contract; $14,000' additional was to be paid on March 1, 1920; and a purchase-money mortgage or mortgages for the remaining $38,000 was to be executed by the plaintiff to the defendant, and was to run for 10 years, at 6 per cent annual interest. However, plaintiff had the…
2Cited by9 opinions
- Kilpatrick v. SmithSupreme Court of Iowa · 1945
- McLain v. SmithSupreme Court of Iowa · 1925
- Braig v. FryeSupreme Court of Iowa · 1924
- Fitchner v. WallingSupreme Court of Iowa · 1938
- Dolliver v. ElmerSupreme Court of Iowa · 1935
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