Cornell v. Rodabaugh
Supreme Court of Iowa
Appeal from Jefferson District Court. — Hon. T. M. Fee, Judge. Action in equity for specific, performance of a contract to convey real estate. By an amendment to the petition, plaintiff asks that he may have a judgment for damages if the court finds defendants are unable to make conveyance. The defenses will be stated in the opinion.
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Appeal from Jefferson District Court. — Hon. T. M. Fee, Judge. Action in equity for specific, performance of a contract to convey real estate. By an amendment to the petition, plaintiff asks that he may have a judgment for damages if the court finds defendants are unable to make conveyance. The defenses will be stated in the opinion. The trial court found there was an outstanding life lease, previously executed by defendants, to a third party, on the land; fixed a day for them to remove said incumbrance and make a deed; and in default thereof gave plaintiff judgment for the sum of $409, which…
1Opinion of the Court
Watbrsian, J. —
1 On the 28th day of October, 1898, the defendants, through their lawfully authorized agent, entered into a written contract with plaintiff whereby they sold him 82 72-100 acres of land in Jefferson county at the price of $87.50 per acre. The agreement recited that plaintiff had that day deposited in the savings bank at Fairfield, as part consideration, the sum of $150, and, upon paying the remainder,' $1,077, to said bank, on or before December 1st of that year, was to receive a warranty deed ■of the land, together with an abstract showing a clear title. The writing was…
2Cases cited7 opinions
- Foley v. McKeeganSupreme Court of Iowa · 1856
- Donner v. RedenbaughSupreme Court of Iowa · 1883
- Sweem v. SteeleSupreme Court of Iowa · 1857
- Muenchow v. RobertsWisconsin Supreme Court · 1890
- Sawyer v. WarnerSupreme Court of Iowa · 1873
2 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- Eggert v. Smith PrattSupreme Court of Iowa · 1905
- Dobler v. SmithSupreme Court of Oklahoma · 1930
- Thomas v. PalmerNevada Supreme Court · 1926
- Sietsema v. AndersonSupreme Court of Iowa · 1920
- Lee Wah Koon v. Maui Dry Goods & Grocery Co.Hawaii Supreme Court · 1928
2 more not listed; retrieve them via the Exa API.