Scott ex rel. Bolenbaugh v. Granger
Supreme Court of Iowa
Appeal from the Polk District Court. The petition in this case, avers that Scott deposited with, or paid to the firm of Granger & Reynolds, (the defendant being the survivor), a sum of money, for the purpose of entering a certain parcel of real estate, for which he obtained their receipt, stating the amount of money, and the land that was to be entered; that they agreed and undertook to enter the same, without delay; that they failed to do so, however, but with the intention…
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Appeal from the Polk District Court. The petition in this case, avers that Scott deposited with, or paid to the firm of Granger & Reynolds, (the defendant being the survivor), a sum of money, for the purpose of entering a certain parcel of real estate, for which he obtained their receipt, stating the amount of money, and the land that was to be entered; that they agreed and undertook to enter the same, without delay; that they failed to do so, however, but with the intention of defrauding and injuring plaintiff, kept and used said money as their own. Plaintiff also states, “ that relying on…
1Opinion of the Court
Wright, C. J,
This' demurrer appears to have misap*449prehended the nature of the action, as also the parties thereto. It assumes that Bolenbaugh is the plaintiff, and suing' in his own right. He does not claim to be the party to the original contract, or that the same has been assigned to him. But Scptt, who brings the suit, was the party to whom the receipt was given, and with whom the contract to enter was made. And though Bolenbaugh may have an adequate remedy against Scott, that does not relieve defendant from his liability on his contract, nor is it any reason, why Scott may not sue for the…
2Cases cited1 opinion
- State v. ButterworthSupreme Court of Iowa · 1855
3Cited by1 opinion
- Fleming v. MershonSupreme Court of Iowa · 1873