Lee v. Joslyn
Supreme Court of Iowa
Appeal from Sac District Court. — E. G. Albert, Judge. Action to recover money had and received by the defendant on account of the plaintiff. There was a trial to the court, and a judgment for the plaintiff. The defendant appeals.
1Opinion of the CourtEvans, J.
1. Vendor and purchaser: agreement to assign lease carries future rents.
*13382. Assignments: agreement to assign equal to actual assignment. *1337In January, 1916, the plaintiff entered into a written contract of purchase with the defendant, whereby the plaintiff agreed to purchase, and the defendant to sell, a quarter section of land then under lease to one Gustafson. The contract proyfded for a settlement and conveyance on May 1, 1916. ■ It also provided that the plaintiff should take the same subject to the Gustafson lease, and that he should receive an assignment of the lease from the defendant. The…
2Cases cited5 opinions
- Van Wagner v. NostrandSupreme Court of Iowa · 1865
- Knapp v. IsenbergerSupreme Court of Iowa · 1877
- Iowa Railroad Land Co. v. Estate of BoyleSupreme Court of Iowa · 1912
- Winn v. MureheadSupreme Court of Iowa · 1879
- Ferguson v. EpperlySupreme Court of Iowa · 1905
3Cited by3 opinions
- Clark v. StrohbeenSupreme Court of Iowa · 1921
- Pitts v. Exchange National BankSupreme Court of Kansas · 1925
- Kerr v. HornSupreme Court of Iowa · 1930