Evans v. Montgomery
Supreme Court of Iowa
Appeal from Mahaska District Coürt. The plaintiff and defendants entered into articles of copartner sbip, as follows: “Article of agreement made and entered into this 20th day of October, A. D. 1869, by and between John Montgomery and Andrew McKey, of the county of Mahaska and State of Iowa, of the first part, and E. J. Evans, of the county and'State aforesaid, of the second part— “Witnesseth: That the said John Montgomery and Andrew McKey have bought of John White, of the…
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Appeal from Mahaska District Coürt. The plaintiff and defendants entered into articles of copartner sbip, as follows: “Article of agreement made and entered into this 20th day of October, A. D. 1869, by and between John Montgomery and Andrew McKey, of the county of Mahaska and State of Iowa, of the first part, and E. J. Evans, of the county and'State aforesaid, of the second part— “Witnesseth: That the said John Montgomery and Andrew McKey have bought of John White, of the county and State aforesaid, the property which is immediately and particularly described in a certain bond executed by…
1Opinion of the CourtDay, J.
I. The parties have abandoned the contract so far as relates to the purchase of real estate referred to in it. The real estate has been sold in full satisfaction of the debt contracted in its purchase. No question pertaining to this real estate is involved in the case.
*330i.oowtuact: rescission * fraud. ' II. Tbe plaintiff moved to confirm the facts found by the referee in his three reports. No question, therefore, can now be made as to the correctness of the facts reported. The referee reported in substance that in 1865 Benjamin Roop commenced the erection of a mill and distillery upon the real…
2Cases cited1 opinion
- Harlin v. StevensonSupreme Court of Iowa · 1870
3Cited by12 opinions
- Kwentsky v. SirovySupreme Court of Iowa · 1909
- Skinner Et Ux. v. Scott Et Ux.Supreme Court of Oklahoma · 1911
- Barnes v. Century Savings BankSupreme Court of Iowa · 1913
- Seeley v. Seeley-Howe-Le Van Co.Supreme Court of Iowa · 1905
- Brechwald v. SmallSupreme Court of Iowa · 1917
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