Shropshire v. Ryan
Supreme Court of Iowa
Appeal from Jasper District Court. — Hon. A. E. Dewey, Judge. 1 The plaintiff, in ber petition, alleges that on tbe sixth day of January, 1886, tbe defendant entered into a written contract to convey ber certain real premises in consideration of ber assignment to bim of a claim of some thirteen thousand dollars against one John Lyle.
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Appeal from Jasper District Court. — Hon. A. E. Dewey, Judge. 1 The plaintiff, in ber petition, alleges that on tbe sixth day of January, 1886, tbe defendant entered into a written contract to convey ber certain real premises in consideration of ber assignment to bim of a claim of some thirteen thousand dollars against one John Lyle. In ber prayer she asks for a specific performance of this contract, “and for such other and further relief as equity and good conscience should give in tbe premises.” Tbe answer admits tbe making of tbe contract in substance as alleged by tbe plaintiff, and avers…
1Opinion of the CourtSherwin, J.
*6802 3 4 5 6 *679Upon the original submission of this cause it was affirmed by reason of a divided court, and no *680opinion was written. Tbe defendant, in argument, claims tbat the record is not properly certified by tbe trial judge, and tbat for tbis reason we cannot consider tbe case de novo, but does not point out wherein it is insufficient, and hence we .pass tbis point. It is now urged tbat tbe pleadings are insufficient to warrant an accounting between tbe plaintiff and tbe defendant. Whatever doubt there may be as to tbis matter is rendered immaterial for tbe reason tbat tbe case was tried in the…
2Cases cited2 opinions
- Leighton v. OrrSupreme Court of Iowa · 1876
- Ryan Bros. v. AshtonSupreme Court of Iowa · 1876
3Cited by12 opinions
- Bump v. District Court of Polk CountySupreme Court of Iowa · 1942
- Snouffer & Ford v. City of TiptonSupreme Court of Iowa · 1911
- Donaldson v. Eaton & EstesSupreme Court of Iowa · 1907
- Healy v. GraySupreme Court of Iowa · 1918
- Ashton v. SkeenUtah Supreme Court · 1935
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