Nowlin v. Pyne
Supreme Court of Iowa
Appeal from Benton Circuit Court. Plaintiff claimed twelve hundred dollars damages on account of an alleged breach of the following written contract, executed by plaintiff and defendant, to-wit: “Whereas, John E. Pyne has this day sold to James A. Nowlin the following described real estate,, situated in Ilardin county, Iowa, to-wit: * * * '* for the sum of twelve hundred dollars, for which the said Pyne agrees to deliver to the said Nowlin a warranty deed, on or before the…
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Appeal from Benton Circuit Court. Plaintiff claimed twelve hundred dollars damages on account of an alleged breach of the following written contract, executed by plaintiff and defendant, to-wit: “Whereas, John E. Pyne has this day sold to James A. Nowlin the following described real estate,, situated in Ilardin county, Iowa, to-wit: * * * '* for the sum of twelve hundred dollars, for which the said Pyne agrees to deliver to the said Nowlin a warranty deed, on or before the first day of April, 1874, in consideration whereof, the said Nowlin agrees to convey to said Pyne, by good and sufficient…
1Opinion of the CourtDay, J.
I. We discover nothing in the contract sued on that is sufficient to support the conclusion that its perform-1. contract: lateral. uni anee is, upon the part of the defendant, optional, Whilst it may be competent for parties to make a unilateral contract, yet the intention of the parties should be, beyond question, plain and clear from the terms used, before a contract should receive such a construction. Burrett v. Dean, 21 Iowa, 423.
The contract in question is a mutual agreement, couched in reasonably apt and explicit terms, for an exchange of lands. The consideration moving to each, is the…
2Cases cited1 opinion
- Barrett v. DeanSupreme Court of Iowa · 1866
3Cited by2 opinions
- Harrison Bros. v. Murray Iron Works Co.Missouri Court of Appeals · 1902
- Ballard-Hassett Co. v. City of Des MoinesSupreme Court of Iowa · 1928