McWhirter v. Crawford
Supreme Court of Iowa
Appeal from Jefferson District Court. — Hon. W. D. Tisdale, Judge. The plaintiff entered into a written contract for the sale of one hundred) and forty-eight and two-thirds acres of land to the defendant at the price of twelve dollars and fifty cents per acre. The purchase price was to draw interest -at-the rate of six per cent, per annum, payable annually, and two-thirds of it was to be paid within five years.
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Appeal from Jefferson District Court. — Hon. W. D. Tisdale, Judge. The plaintiff entered into a written contract for the sale of one hundred) and forty-eight and two-thirds acres of land to the defendant at the price of twelve dollars and fifty cents per acre. The purchase price was to draw interest -at-the rate of six per cent, per annum, payable annually, and two-thirds of it was to be paid within five years. The remaining one-third was- to be paid on the death of plaintiff’s wife in the event she died before he did. Time was of the essence of the contract. The defendant having failed to…
1Opinion of the CourtLadd, J.
1 As the contract of sale was fully ratified and confirmed after its execution, inquiry as to whether there was fraud in its inception is unnecessary. The plaintiff accepted a note of five hundred dollars, secured by mortgage, as part of the purchase price, nearly three months after the date of the contract; and payment of this note a year later. He also received the annual interest in February, 1889, *552These payments were received without objection, .and there is no showing that the alleged fraud was undiscovered. The plaintiff will not be permitted to avail himself of the benefits of the…
2Cases cited9 opinions
- Reay v. ButlerCalifornia Supreme Court · 1892
- Hayward v. MungerSupreme Court of Iowa · 1863
- Auxier v. TaylorSupreme Court of Iowa · 1897
- Collins v. VandeverSupreme Court of Iowa · 1855
- Laverty v. Hall's AdministratrixSupreme Court of Iowa · 1865
4 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- Kilpatrick v. SmithSupreme Court of Iowa · 1945
- Dee v. CollinsSupreme Court of Iowa · 1944
- McLain v. SmithSupreme Court of Iowa · 1925
- King v. RaabSupreme Court of Iowa · 1904
- Kirkwood v. Perry Town Lot & Improvement Co.Supreme Court of Iowa · 1916
5 more not listed; retrieve them via the Exa API.