McDunn v. City of Des Moines
Supreme Court of Iowa
Appeal from Polls District Cowrt. Tuts cause was consolidated with the case' of Q. H. Cowley, v. John McDimn, in the court below, and they were tried together. They are so heard and determined in this court. The whole controversy is narrowed to the single question of the true measure of damages on breach of covenant of warranty.
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Appeal from Polls District Cowrt. Tuts cause was consolidated with the case' of Q. H. Cowley, v. John McDimn, in the court below, and they were tried together. They are so heard and determined in this court. The whole controversy is narrowed to the single question of the true measure of damages on breach of covenant of warranty. Cowley sues to foreclose a mortgage for $1200, part consideration for an acre and a fraction of land and improvements, the whole consideration being $1700. Forty feet of the entire length along one side of the land has been taken by the city of Des Moines, by…
1Opinion of the CourtCole, J.
This case was before this court at a former term, and all the material questions between the parties were then settled and adjudicated, except the measure of damages to McDunn for the loss of the title to a part of the land there adjudged to the city of Des Moines as a street. See the case reported in 34 Iowa, 467.
The facts are briefly these: May 19, 1870, McDunn purchased of Susan Brazee the real estate in controversy, recognized by the parties here as containing one acre and one-fifth, for $1700; he paid part down and gave“his notes for $1200, and a mortgage on the property to secure their…
2Cases cited1 opinion
- McDunn v. City of Des MoinesSupreme Court of Iowa · 1872
3Cited by4 opinions
- Newburn v. LucasSupreme Court of Iowa · 1904
- Lathrop v. Central Iowa R'y Co.Supreme Court of Iowa · 1886
- Horn v. PhillipsSupreme Court of Iowa · 1914
- Capital City Investment Co. v. BurnhamSupreme Court of Iowa · 1909