Legal Opinion

Paddleford v. Cook

Supreme Court of Iowa

Decided May 14, 1888PublishedCited by 15 opinions

Appeal from, Story District Court. — Hon. John L. Stevens, Judge. Action to recover for land sold and conveyed by plaintiffs to defendant, the price being fixed by an oral agreement of the parties. There was a judgment on a verdict for plaintiffs. Defendant appeals.

1Opinion of the CourtBeck, J.

*• peácon^ied to dismiss!?:14 answering. I. The petition was not filed until after the time fixed therefor in the notice. The defendant moved the court, on this ground, to dismiss the action. The motion was overruled and an exception taken to the ruling. Thereupon defendant answered the petition, denying its allegations and averring payment in full for the land, and that the deed did not express the true consideration agreed to be paid for it.

II. It is first insisted^that the district court erred in overruling the motion to discontinue the case. This position is undoubtedly correct. Code,…

2Cases cited2 opinions

  1. Johnson v. Harder & AverySupreme Court of Iowa · 1877
  2. Cibula v. Pitt's Sons' Manufacturing Co.Supreme Court of Iowa · 1878

3Cited by15 opinions

  1. State v. CliffordWest Virginia Supreme Court · 1906
  2. Boykin v. StateSupreme Court of Florida · 1898
  3. Read v. RouschSupreme Court of Iowa · 1920
  4. Jacobs v. City of Cedar RapidsSupreme Court of Iowa · 1917
  5. Porter v. MolesSupreme Court of Iowa · 1911

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