Winton v. Sherman
Supreme Court of Iowa
Appeal from BlacJchawJc District Court. This action is brought upon a contract for the sale and purchase of certain lands in Blackhawk and Floyd counties. The contract is signed by both parties, and by it the plaintiff agrees to. sell and convey, by good and sufficient deed, to the defendant, the lands mentioned, at a time specified, if the defendant shall first make'the payment named; and the defendant agrees to buy the land, and to pay the sum stated at the time fixed.
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Appeal from BlacJchawJc District Court. This action is brought upon a contract for the sale and purchase of certain lands in Blackhawk and Floyd counties. The contract is signed by both parties, and by it the plaintiff agrees to. sell and convey, by good and sufficient deed, to the defendant, the lands mentioned, at a time specified, if the defendant shall first make'the payment named; and the defendant agrees to buy the land, and to pay the sum stated at the time fixed. Time is made of the essence of the contract, with the right of forfeiture at the option of plaintiff, upon defendant’s…
1Opinion of the CourtCole, J.
i tender-action1?!! bond' In an action at law to recover the consideration agreed to be paid for real estate not yet conveyed, ^ut w^c^) by the contract of purchase, was to be conveyed at the' time of the payment of the consideration, it has been held a sufficient defense to aver and show that the deed had not .been delivered or tendered. See School Distriet No. 2 v. Rogers, 8 Iowa, 316; Berryhill v. Byington, 10 Iowa, 223; Leonard v. Bates, 1 Blackf., 172.
*297But this rule does not obtain in equity causes, where the court, upon a final decree, can grant just such relief as the plaintiff may show…
2Cases cited4 opinions
- Leonard v. BatesIndiana Supreme Court · 1822
- School District No. Two v. RogersSupreme Court of Iowa · 1859
- Rutherford v. HavenSupreme Court of Iowa · 1861
- Berryhill v. ByingtonSupreme Court of Iowa · 1859
3Cited by14 opinions
- Stevenson v. PolkSupreme Court of Iowa · 1887
- Harrington v. BirdsallNebraska Supreme Court · 1893
- Iles v. ElledgeSupreme Court of Kansas · 1877
- Wightman v. SpoffordSupreme Court of Iowa · 1881
- Braig v. FryeSupreme Court of Iowa · 1924
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