Watland v. Quaintance
Supreme Court of Iowa
Appeal from Poweshiek District Gourt. — K. EJ. Willcockson, Judge. Plaintiff and defendant entered into a contract wherein it was agreed that, upon certain conditions, defendant should execute a clear warranty deed to plaintiff for certain Iowa land. Defendant refused to make this conveyance. Plaintiff brought this action to compel specific performance of the contract, praying alternative relief if specific performance be not decreed.
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Appeal from Poweshiek District Gourt. — K. EJ. Willcockson, Judge. Plaintiff and defendant entered into a contract wherein it was agreed that, upon certain conditions, defendant should execute a clear warranty deed to plaintiff for certain Iowa land. Defendant refused to make this conveyance. Plaintiff brought this action to compel specific performance of the contract, praying alternative relief if specific performance be not decreed. The court decreed the alternative relief, and defendant appeals.
1Opinion of the CourtSalinger, J.
I. Traveling iby different routes, the parties have reached a point where they agree that specific performance is out of this appeal. The plaintiff desired specific performance. It was denied, and he does not appeal. The defendant insisted at all times that the plaintiff was not entitled to specific performance, and the trial court agreed with him. So, it has become the law of the case that specific performance was rightly denied. It follows that the very full presentation of the law governing specific performance needs no consideration.
*12731. Vendor and purchaser: . rescission: restoration of…
2Cited by5 opinions
- Kilpatrick v. SmithSupreme Court of Iowa · 1945
- Peterson v. McManusSupreme Court of Iowa · 1919
- Binkholder v. CarpenterSupreme Court of Iowa · 1967
- McLain v. SmithSupreme Court of Iowa · 1925
- Sarazin v. KunzSupreme Court of Iowa · 1939