Weiser v. Rowe
Supreme Court of Iowa
Appeal from, Woodbury District Qou/rt. — J. W. Anderson, Judges. Action at law to recover $500 purchase money paid upon a land contract which the plaintiff rescinded on account of alleged breach by the defendant. There was a verdict for the plaintiff, and the defendant appeals.
1Opinion of the CourtEvans, J.
L JdechaseA”° |e”ofeper”' formance.
*502 2. Vendor and PURCHASER : mutual failure to tender performance.
*501On January 4, 1915, the plaintiff and defendant entered into a written contract, whereby the defendant purported to. sell, and -the plaintiff to buy, 160 acres of land, for the consideration of $12,800. Five hundred dollars was paid on the contract. For the remainder of the purchase price, $6,500 in mortgages were to be assumed, and. the balance, $5,800, was to be paid at the time of delivery of deed. The defendant was to furnish an abstract, showing good and merchantable title, and to deliver a…
2Cases cited4 opinions
- Waters v. PearsonSupreme Court of Iowa · 1914
- Nelson v. ChingrenSupreme Court of Iowa · 1906
- Miller v. McConnellSupreme Court of Iowa · 1916
- Wright v. SwigartSupreme Court of Iowa · 1915
3Cited by9 opinions
- Kilpatrick v. SmithSupreme Court of Iowa · 1945
- Mintle v. SylvesterSupreme Court of Iowa · 1926
- Wemer v. LongSupreme Court of Iowa · 1971
- Swanson v. BaldwinSupreme Court of Iowa · 1958
- Marx v. KingSupreme Court of Iowa · 1922
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